BHIMASHANKAR Vs. DEVENDRAPPA

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the quantum of compensation awarded as well as the liability fixed on the owner of the offending vehicle to pay the compensation determined by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal (henceforth referred to as 'the Tribunal'), Kalaburagi, in MVC No.438/2010.

(2.) The records disclose that on 05.01.2010, the claimant / appellant herein and others were travelling in a Tractor and Trailer bearing registration No.KA-32-TA-433- 434 (henceforth referred to as 'the offending vehicle') to load and unload manure. When the Tractor reached the land of a person named Nagappa, the driver lost control and the Tractor overturned. This resulted in injuries to the claimant. The claimant was admitted at the Government General Hospital, Gulbarga and later shifted to Basaveshwara hospital, Gulbarga. The claimant contended that he had spent a sum of Rs.90,000/- for his treatment and that he had lost the ability to work as a labourer. He, therefore, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of a sum of Rs.10,40,000/-.

(3.) The owner of the offending vehicle was placed ex parte before the Tribunal.