JAYAKARA SHETTY Vs. KRISHNA NAIK

JUDGEMENT

(1.) THE appellant dissatisfied with the amount of compensation awarded for the injuries sustained by him in a motor vehicle accident has filed this appeal seeking enhancement. It is on 14.12.2006 at about 5.30 p.m. the appellant riding his Motor Cycle bearing registration No. KA -20/E -5452 near. Chigiribettu of Kudi Village, an autorickshaw bearing registration No.KA -20/A -335 came from Hebri side driving in a rash and negligent manner and hit the Motor Cycle. The appellant sustained grievous injuries and was treated in Mahesh Hospital. He claims to have spent Rs. 50,000/ - towards medical expenses and suffered disability. In these circumstances, he claimed a compensation of Rs. 3,78,000/ -with interest.

(2.) THE insurer contested the claim of the appellant. During the enquiry, appellant was examined as P.W. 1, the Doctor P.W. 2 and in their evidence Exs. P -1 to P -83 were marked. The respondent did not lead any evidence, but Exs.C -1 and C -2 were marked with consent. The Tribunal on appreciation of the materials on record, held actionable negligence on the part of the driver of the autorickshaw and considering the fact that the appellant has suffered fracture of both bones of right lower limb, granted compensation of Rs. 88,300/ - on different ground with interest at 8%. Dissatisfied with the quantum of compensation, the present appeal has been filed.

(3.) THE point that arise for my consideration is: