H. SUNNY Vs. DINESH T.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been filed by the claimant seeking enhancement of compensation against the Judgment and order dated 20.04.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 22.04.2014 at about 8.00 p.m., the 3 claimant was proceeding by riding a scooter bearing registration No. KA-19-EB-7868 from Kulshekar towards Nanthoor and when he reached a place in front of 32 Dental SPA clinic in Bikarnakatte, Mangalore, at that time, an auto rickshaw bearing registration No. KA-19-D-5846 driven by its driver in a high speed and rash and negligent manner, came from opposite direction dashed against the scooter of the claimant. As a result of the accident, claimant sustained injuries and was immediately shifted to Father Mullers Hospital, Kankanady, Mangalore, where he was treated as inpatient till 05.05.2014.

(3.) Thereupon, the claimant filed the claim petition under Section 166 of the Act INTER ALIA on the ground that on the date of the accident, the claimant was aged about 55 years. After the accident, he was admitted in the aforesaid hospital for treatment where he was inpatient for a period of 13 days and he spent about Rs. 1,00,000/- towards medical expenses. He also pleaded that he was running a P.G. hostel in flat at Little Flower Apartments, Balikashrama road, Kankanandy, Mangalore and was earning a sum of Rs. 25,000/- p.m., and that due the aforesaid accident, the claimant could not attend to his work and he was not able to attend the said business due to the injuries sustained by him. It is also pleaded that the mental condition of the claimant is not stable and that he has sustained permanent disability. It is further pleaded that he requires an attendant in his house permanently, by paying a sum of Rs. 10,000/- per month and the accident is on account of negligence on the part of the autorickshaw driver. Thus, the claimant made a claim of Rs. 25,00,000/-.