L. ESHWAR Vs. ARIJITH MANDAL

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 against the judgment dtd. 6/11/2014 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 10/1/2012 at about 9.45 p.m., the injured claimant namely L.Eshwar was traveling on TVS bike bearing registration No.KA-05 EX-9720 and when he reached in front of Saravana Hotel on Hosur Lashkar road, a car bearing registration No.KA-03 MP-7283 which was being driven by its driver in a rash and negligent manner, dashed against the vehicle of the claimant from behind. As a result of the aforesaid accident, claimant fell down and sustained acute traumatic brain injury.

(3.) The claimant thereupon filed a petition under Sec. 166 of the Act claiming compensation on the ground that the accident took place solely on account of rash and negligent driving of the driver of the offending car. It was further pleaded that on account of injuries, claimant was hospitalized at the first instance for a period from 11/1/2012 to 30/1/2012 and later from 13/3/2012 to 26/3/2012 i.e. for a period of 13 days. Thus, in all, claimant received treatment for a period of 33 days. The claimant claimed compensation to the extent of Rs.40,00,000.00 along with interest.