KARABASAPPA Vs. SANGAMESH

JUDGEMENT

(1.) The appellant-claimant has filed this appeal seeking for enhancement of compensation against the judgment and award dated 5.9.2015 made in MVC No.1209/2013 on the file of the learned Senior Civil Judge and Member, Addl. MACT, Bailhongal (for short, Tribunal ), awarding a total compensation of Rs.6,22,800/- with interest at the rate of 9% per annum from the date of petition till deposit.

(2.) It is the case of the claimant that he was a pillion rider of motor cycle bearing registration No.KA24/L-9133 and the deceased Mahesh Huddar was riding the said motor cycle. On 15.2.2013, the claimant and deceased Mahesh Huddar were proceeding on a motor cycle bearing registration No.KA-24/L-9133 in order to go to Mugabasav village. The rider of the motor cycle was riding the same in a moderate speed by observing all the traffic rules and regulations on his left side and when they reached Saundatti-Karikatti road near Singarkoppa canal within the limits of Saundatti, at that time, driver of one Tata Tipper bearing registration No.KA-24/L-6219 came from right side in high speed in a rash and negligent manner, so as to endanger to the human life and personal safety of others and dashed against the motorcycle resulting the accident. Due to the said impact, the claimant sustained severe head injuries and he was shifted to Government Hospital, Saundatti, wherein he took first aid. Therefore, he filed petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.15,00,000/-.

(3.) On appearance, the insurance company filed objections denying the averments made in the claim petition and sought to dismiss the claim petition.