LOKESHNAIKA Vs. SHIVA KUMAR

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dated 26.11.2010, passed in M.V.C.No.27/2008 on the file of the Principal Civil Judge (Senior Judge) and MACT IV at Davanagere ('the Tribunal' for short) questioning the quantum of compensation.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claimant before the Tribunal contended he met with an accident on 09.08.2007, when he was proceeding in an auto rickshaw, the driver of the vehicle bearing registration No.KA-15-4613 came in a rash and negligent manner and caused the accident. As a result, he sustained injuries. It is the contention of the claimant before the Tribunal that he was earning Rs.10,000/- per month and working as a private bus driver and due to the accidental injuries, he suffered permanent disability. In order to substantiate his contention, he examined himself as P.W.1 and also examined the doctor as P.W.2. The respondents have also examined two witnesses R.W.1 and R.W.2. The claimant got marked the documents at Exs.P1 to P55. The respondents have got marked the documents at Exs.R1 and R2. The Tribunal after considering both oral and documentary evidence, allowed the claim petition by granting compensation of Rs.3,18,000/- with interest at the rate of 6% per annum from the date of petition till realization and directed respondent Nos.3 and 5 insurers of both vehicles to deposit the compensation amount to the extent of 50% each. Being aggrieved by the said judgment and award, the present appeal is filed by the claimant seeking for an enhancement.