AAYAPPA Vs. R.KULWANT SINGH

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) is filed by the petitioner being aggrieved by the judgment dated 24.01.2019 passed in MVC No.696/2017 by the Motor Accident Claims Tribunal, Kalaburagi.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 11.07.2017 at about 9 p.m., the petitioner was proceeding in a Tipper bearing registration No.MH-05/AM-2861 as a driver of said Tipper towards Yadgir side and on Sedam-Yadgir Road near Nachwar Cross, at that time, a lorry bearing registration No.MH-26/AD-2166 being driven by its driver at a high speed and in a rash and negligent manner, came from opposite direction and dashed to the vehicle of the petitioner. As a result of the aforesaid accident, the petitioner sustained grievous injuries and the Tipper was damaged.

(3.) On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded evidence. The petitioner in order to prove his case, examined himself as PW-1 and in order to prove the disability, examined the doctor as PW-2 and got exhibited documents namely Ex.P1 to Ex.P70. On behalf of the respondent No.2, no oral or documentary evidence has been adduced. The Tribunal, by the impugned judgment, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the petitioner sustained injuries. The Tribunal further held respondent No.2 has failed to prove that the driver of the offending vehicle was not holding a valid and effective driving licence as on the date of the accident and thereby there is violation of policy conditions by the owner and held that the petitioner is entitled for compensation and consequently allowed the claim petition in part and awarded compensation of Rs.3,40,100/- along with interest at the rate of 6% p.a. and directed the respondent No.2 to deposit the compensation amount along with interest. Being dissatisfied with the compensation awarded by the Tribunal, the petitioner has filed the present appeal seeking for enhancement of compensation amount.