LAWS(KAR)-2012-6-327

RADHAKRISHNA S/O. B.G. HEGDE Vs. K. NAGARAJU C/O. A. S. KUPPURAJU NO, 160, D. V. LAYOUT KUMARA PARK WEST BANGALORE AND SHIVANI, NO. 98 16TH MAIN, 4TH B BLOCK KORAMANGALA BANGALORE

Decided On June 04, 2012
Radhakrishna S/O. B.G. Hegde Appellant
V/S
K. Nagaraju C/O. A. S. Kuppuraju No, 160, D. V. Layout Kumara Park West Bangalore And Shivani, No. 98 16Th Main, 4Th B Block Koramangala Bangalore Respondents

JUDGEMENT

(1.) THIS is a claimant's appeal seeking for enhancement of compensation in respect of the injuries sustained in a motor accident. Far the sake of convenience, the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition before the Tribunal.

(2.) IT is the case of the claimant that he is aged 24 years and a student prosecuting his studies in Chartered Accountancy. According to the claimant, on 09.02.2002 at about 12.15 p.m. he was proceeding as a pillion rider on a motor cycle. While their motor cycle was in front of St. John Medical College, situated on Sarjapura Road, a Maruthi 800 car bearing No. CKO 4653 owned by the first respondent at the relevant point of time driven by its driver at a high speed in a rash and negligent manner came and dashed against him. On account of the impact, he fell down and sustained injuries for which he took treatment in St. John. Medical College hospital. He spent more than Rs. 1,25,000/ - towards medical treatment. Despite the same, the injuries are not completely cured. Therefore, he sought for compensation from the first respondent, who was the owner of the car at the time of the accident.

(3.) THE claimant in support of his case got himself examined as P.W.1 and the Medical Officer who had treated him as P.W.2. He produced in all six documents, which came, to be marked as Exs.P1 to P6. On behalf of the respondents, they examined two witnesses as R.Ws. I and 2 and produced one document, which came to be marked as Ex.R1.