VIJAYA KUMAR Vs. D.E. SHIVARAJ AND ORS.

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 29.03.2014 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 25.12.2008 at about 5.15 p.m., the claimant Vijay Kumar was proceeding in a Bajaj Scooter bearing Registration No.KA-14-H-2191 near Shrinidhi Wine Store, Shivamoga. At that time, a Maruthi Omni Van bearing Registration No. KA-15-M-250 which was being driven by its driver in rash and negligent manner dashed against the scooter of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and took treatment as an inpatient for 21 days.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to KMC Hospital, Manipal. It was further pleaded that the claimant was employed as a Mechanic and was earning a daily wages of Rs.600/-. It is also pleaded that claimant was still under treatment and where she took treatment as inpatient for a period of 21 days. It was pleaded that due to the impact of the accident, the claimant is unable to carry on with his 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 Maruthi Omni vehicle. The claimant claimed compensation to the tune of Rs.40,50,000/- along with interest.