GOPALAPPA Vs. KANDALURU SHANKAR REDDY

JUDGEMENT

(1.) This appeal under Sec. 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 dtd. 30/1/2019 passed by the XXII Additional Small Causes Judge and II Additional Chief Metropolitan Magistrate and Motor Accident Claims Tribunal, Bengaluru in MVC No.1454/2017.

(2.) Facts leading to filing of this appeal briefly stated are that on 1/3/2017 at about 10.45 p.m., when the claimant was proceeding on his TVS Moped along with his wife, near Sampangere Village, Malur Taluk, on Malur-Hosur road, at that time, a lorry came from the same direction with high speed in a rash and negligent manner and dashed against the rear side of the TVS Moped. Due to the impact, the claimant fell down and sustained grievous injuries. Thereafter, claimant was immediately taken to the Government Hospital at Malur for treatment and then shifted to Gaurav hospital, Kolar and thereafter he was referred to the Hosmat hospital, Bengaluru wherein he took treatment from 1/3/2017 to 8/3/2017 and incurred huge amount towards medical expenses.

(3.) The claimant thereupon filed a petition under Sec. 166 of the Act inter alia on the ground that due to the injuries sustained by him he is not in a position to do his day to day work and has suffered physical and mental agony. It is pleaded that the claimant was aged about 35 years as on the date of the accident. It was further pleaded that he was working as a Mason and was earning a sum of Rs.15,000.00 per month. He further stated that the accident occurred due to the rash and negligent driving by the driver of the lorry and sought for compensation of Rs.30,00,000.00.