JAGADEESH SUVARNA Vs. K.T. RAJASHEKAR

JUDGEMENT

(1.) This appeal under Sec. 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 dtd. 10/7/2019 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in MVC No.679/2014.

(2.) Facts leading to filing of this appeal briefly stated are that on 24/9/2013, the claimant - Jagadeesh Suvarna was proceeding in a bus bearing registration No.OD-06-5939. When he reached near Singanahalli, a goods vehicle bearing registration No.KA-51-A-2599 (hereinafter referred to as 'the offending vehicle' for short) which was being driven by its driver in rash and negligent manner, dashed against the bus in which the claimant was traveling. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at KIMS Hospital, Dharwad and thereafter was shifted to Balaji institute of Neuro Science and Trauma, Hubli for further treatment where the claimant was an inpatient for 22 days.

(3.) The claimant thereupon filed a petition under Sec. 166 of the Act inter alia on the ground that the claimant was admitted to Balaji institute of Neuro Science and Trauma, Hubli, where he took treatment as inpatient for a period of 22 days. It is also pleaded that the claimant has spent a huge amount towards medical expenses. It was also claimed that the claimant was earning Rs.15,000.00 by working as a conductor 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 by the driver of the offending vehicle. The claimant claimed compensation to the tune of Rs.17,97,992.00 along with interest.