SUHAS S/O SOMASEKHAR Vs. THE ORIENTAL INSURANCE CO. LTD. BY ITS MANAGER AND B.G. RAJASEKHAR S/O GURUBASAPPA

JUDGEMENT

(1.) PETITIONER in MVC 3302/05 on the file of a Small Causes, SCCH -7, Bangalore is the Appellant in this appeal.

(2.) CASE of the Petitioner is that on 24.04.05 at about 4.15 p.m. when he was riding his motor cycle bearing Registration No. KA05 -EE -5050 at Jayanagar Bangalore, the driver of the Car bearing Registration No. KA05 -P -4973 has driven the car rashly negligently and hit the two wheeler driver. It resulted in accident. For the pain agony suffered, Petitioner seek for a compensation of Rs. 5,00,000/ -. The insurer of the vehicle/Respondent No. 2 has filed objections, deny the case pleaded, submit that if the Petitioner were to prove the accident, and that the Petitioner is entitled for compensation, it may be awarded with interest 6% p.a.

(3.) LEARNED advocate Sri Vishwanath S Shettar for the Petitioner submits that the accident is admitted, actionable negligence is admitted. The injuries are reflected in Exhibit P6. Looking to the nature of injuries, including the loss of two teeth, the quantum of compensation awarded is meager. In addition to it the damage of vehicle is found, order of court is not proper in refusing to grant compensation in regard to repair of vehicle, so pray for orders. It is rebutted by the learned advocate Sri O Mahesh, and submits that the approach of the learned member of the Tribunal cannot be found fault as the doctor is not, examined. If really there was disability, the evidence of the doctor acquires importance so pray for dismissal of the appeal.