HITHAISHI Vs. SRI. K.M. ASIM

JUDGEMENT

(1.) This appeal under Section 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 dated 22.11.2019 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts leading to filing of this appeal briefly stated are that on 06.02.2016, the claimant - Hithaishi was proceeding in a car bearing registration No.KA-06-N-207. When he reached near Rayarapalya Gate, a lorry bearing registration No.KA-20-D-2578 which was being driven by its driver in rash and negligent manner, dashed against the car in which the claimant was traveling from the hind side. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at Adithya Nursing Home, Tumakuru and thereafter was shifted to BGS Hospital, Bangalore for further treatment where the claimant was an inpatient for 23 days from 06.02.2016 to 24.02.2016, 03.03.2016 to 05.03.2016 and on 09.12.2016.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to BGS Hospital, Bangalore, where she took treatment as inpatient for a period of 23 days. It is also pleaded that the claimant has spent more than Rs.20,00,000/- towards medical expenses. It was also claimed that the claimant was earning Rs.30,000/- from working as an engineer at Northern Trust Operating Services Pvt. Ltd, Bangalore and due to the impact of the accident, the claimant is unable to carry on with the work as before. It was also pleaded that the accident took place on account of the rash and negligent driving of the driver of the offending lorry. The claimant claimed compensation to the tune of Rs.2,00,00,000/- along with interest.