MANJUNATH S/O LAXMAN KOLAKAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This appeal is filed by the claimant seeking enhancement of the compensation awarded by the Senior Civil Judge and MACT No.IX, Basavana Bagewadi (henceforth referred as 'Tribunal') in MVC 38/2012 by judgment and award dated 20.04.2013.

(2.) It is stated that on 07.10.2011 the claimant was riding pillion on a motorcycle bearing registration No. KA-35/K.5819 from Hunashyal to Huvinhipparagi. At about 03.30 p.m. a bus owned by respondent bearing registration No. KA-28/F-1463 (henceforth referred as 'offending vehicle') was driven from the opposite direction in a rash and negligent manner which dashed against the motorcycle. As a result the claimant and the rider were thrown off and suffered injuries. They were shifted to Basavana Bagewadi hospital and thereafter to Dr.Milind Kulkarni hospital, Miraj. The claimant was aged 18 years and was a daily wager, who allegedly earned Rs.6,000/- per month. He contended that due to injury sustained, he was disabled and could not work on daily wages. He alleged that the accident was due to rash and negligent driving by the driver of the bus and therefore, filed a claim petition under Section 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.10,00,000/-.

(3.) The owner and internal insurer of the offending vehicle contested the claim petition. It alleged that accident was due to rash and negligent by the rider of the motorcycle. It alleged that the compensation claimed was exorbitant.