A. P. JAYA PRAKASH Vs. T. R. RAJU

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 12.07.2017 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 15.12.2013, the claimant - AP Jaya Prakash was proceeding as a pillion rider in a motorcycle bearing registration No.KA-14-ED-0467 (hereinafter referred to as 'the offending vehicle' for short). When he reached near Vaddinakoppa village, the motor cycle in which the claimant was traveling was driven in a rash and negligent manner by its rider, while negotiating a speed breaker due to which the claimant fell down from the motor cycle. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at MC Gann Hospital and thereafter was shifted to Nanjappa Hospital for further treatment where the claimant was an inpatient from 15.12.2013 to 05.01.2014.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to Nanjappa Hospital, Bangalore where he took treatment as inpatient from 15.12.2013 to 05.01.2014. It is also pleaded that the claimant has spent more than Rs.5,00,000/- towards medical expenses. It was also claimed that the claimant was earning Rs.6,000/- from working as a Lath Operator at Pearl Lite liner, Shivamogga 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 riding of the rider of the offending vehicle. The claimant claimed compensation to the tune of Rs.50,00,000/- along with interest.