SATHISH G. K. Vs. SATNISLUS PINTO

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) is filed by the claimant seeking enhancement of the amount of compensation, against the judgment and award dated 4.02.2019 passed by the 4th Additional-District and Sessions Judge, Hassan District sitting at Channarayapatna) in MVC No.547/2017.

(2.) Facts leading to filing of this appeal briefly stated are that on 2.07.2016 at 5.00 p.m., when the claimant being inmate of the car bearing registration No.KA-19-ME-8480 was proceeding on Bangalore-Channarayaptana Road near gate of Hombalekkoppalu, a Maruti Car bearing registration No.KA-04-Z-719 driven by its driver in a rash and negligent manner dashed against the Car in which the claimant was traveling. Due to which the claimant sustained grievous injuries. Claimant has taken the treatment as an indoor and outdoor patient at NIMHANS hospital, Bangalore and Manipal hospital Udupi and has spent huge sum of money for his treatment.

(3.) The claimant thereupon filed a petition under Section 166 of the Act stating that he was aged 38 years at the time of accident and was an agriculturist and engaged in animal husbandry and also doing vehicle business and he was earning Rs.30,000/- per month. Due to the grievous injuries sustained by him he is not in a position to carry out his day to day activities. He further pleaded that the accidental injuries sustained by him was solely due to the rash and negligent driving by the driver of the Maruti Car. Hence, he sought to award compensation of Rs.30,00,000/-