SHIVALINGAPPA Vs. MD,NEKRTC CENTRAL OFFICE GULABARGA

JUDGEMENT

(1.) The claimant being aggrieved by the judgment and award dated 10.5.2018 passed by the III Addl. Senior Civil Judge and MACT No.XII, Vijaypur (hereinafter referred to as the Claims Tribunal ) in MVC No.851/2014 has filed the appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short the MV Act ) seeking for enhancement of compensation.

(2.) For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal.

(3.) Facts giving rise to the filing of this appeal briefly stated are that on 18.2.2014 at about 11.30 hours when the claimant was proceeding towards his garden land situated at Sugnthan village in a bullock cart on the extreme left side of the road, along with one Shreedevi and Basabantray Paragond from Sungthan; at that time, the KSRTC bus bearing Registration No.KA-37/F-316 came form opposite side, being driven by its driver in a high speed and rash and negligent manner and unable to control it, dashed against the claimant s bullock cart and caused the accident. On account of it, the claimant fell down and sustained grievous injuries and was admitted to Dr.BMH hospital for treatment and spent huge amount. Hence, he filed a claim petition under Section 166 of the Act claiming compensation of Rs.17,50,000/-.