A.N.PARAMESHA Vs. GURUSALA SUDHAKAR

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant against the judgment dated 03.01.2019 seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that the injured claimant A.N.Paramesha and his wife had gone to the school of their children and 15.08.2015 to attend the Independence Day celebrations. They were returning to their village on a motor cycle bearing registration No.KA 11 Q 2622 on NH-75. When the claimant reached near Gurudarshan hotel, a car bearing registration No.AP-03 AQ-7604 which was being driven by its driver in a rash and negligent manner, came from the opposite direction and hit the motor cycle. As a result of the aforesaid accident, the injured claimant sustained grievous injuries and his motor cycle was also damaged. The claimant was thereupon immediately shifted to the hospital where he had undergone surgery and implants were inserted.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the accident had taken place solely on account of rash and negligent driving of the driver of the car. It was further pleaded that on account of the injuries sustained in the accident, the appellant had sustained permanent disability and the appellant claimed compensation to the extent of Rs.90,00,000/- along with interest @ 18%. The respondent No.1 namely owner of the car, in the written statement, inter alia, pleaded that the vehicle was insured with the respondent No.2 and that liability, if any, is of the Insurance Company.