HARISH Vs. VIJAYA LAKSHMI

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 3.08.2019 passed by the IX Additional Small Causes Judge and Additional MACT (SCCH-7), Bengaluru in MVC No.1373/2018.

(2.) Facts leading to filing of this appeal briefly stated are that on 8.3.2017 at 8.45 a.m., when the claimant was boarding the bus bearing registration No.KA-06-D-6338 from the front side from Bangalore side towards Kunigal side, Hombalamanakere Magadi Town, on the left side of MagadiKunigal Main road, the driver of the bus moved in a high speed and in a rash and negligent manner and caused the accident and due to which the claimant sustained grievous injuries. Immediately he was taken to C. H. C. Kunigal Hospital and after first aid he was shifted to A.C. Giri Hospital wherein the claimant was admitted as an in-patient 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 25 years at the time of accident and was working as bar bender and doing plumbing and Electrical work and was earning a sum of Rs.20,000/- 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 Bus. Hence, he sought to award just and proper compensation.