VASUDEVA KAMATH Vs. S.A. NADEEM ULLA KHAN

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dtd. 20/12/2018 in MVC. 825/2014 passed by the I Additional Senior Civil Judge and CJM and Additional Motor Accident Claims Tribunal- VII at Shivamogga (hereinafter referred to as 'the MACT' for short).

(2.) Facts leading to filing of this appeal briefly stated are that on 8/6/2014 at about 9.30 p.m., when the claimant was entering the marriage hall, the respondent No. 1 riding his motor cycle bearing registration No. KA-14-EF-6785 dashed against the claimant, due to which, the claimant sustained grievous injuries and complicated injuries.

(3.) The claimant thereupon filed a petition under Sec. 166 of the Act inter alia on the ground that the claimant was admitted to Nanjappa Hospital at Shivamogga for treatment and on improvement in health condition he was discharged from the hospital and was advice to take bed rest and follow-up treatment. He further pleaded that he spent more than three lakhs for his treatment and he is practicing as an Orthopedic Surgeon since 1984 and earning more than 5 Lakhs Rupees per annum. The claimant claimed compensation to the tune of Rs.2,36,50,000.00 along with interest.