U T KRISHNAIAH @ KRISHNAPPA Vs. K B MUNIRAJU

JUDGEMENT

(1.) This is claimant s appeal seeking for enhancement of compensation in respect of the injuries, which he has sustained in a motor accident.

(2.) For 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.

(3.) It is the case of the petitioner that he was aged 47 years, agriculturist and a business man by occupation earning Rs.15,000.00 per month. On 7.6.98 the petitioner was proceeding on Bajaj Chetak scooter bearing registration No.KA-11/1-1275 as a pillion rider on the left side of Bangalore Mysore Road. Like-wise another scooter bearing registration No.KA- 11/H-032 was following the scooter, in which he was proceeding. At about 6.15 p.m when the two scooters were near Kolur Check post, a maxicab bearing registration No.KA- 40-453 driven by its driver at a high speed in a rash and negligent manner came from Mysore side and dashed against the scooter bearing registration No.KA- 11/H-4275 and another scooter bearing registration No.KA- 11/H 032, which was following their scooter. On account of the impact, the petitioner fell down and sustained grievous injuries all over the body, which comprised of fracture. Immediately, after the accident he was taken to St.John Hospital, Bangalore and on the same day, he was shifted to Hosmat Hospital, Bangalore. He was treated for the injuries sustained in the accident in Hosmat Hospital for about 2 months. The fractures, which he had sustained, were set right under surgery. He spent Rs.15,00,000.00 towards medical expenses. Despite taking best medical treatment, his right leg below the knee was amputated. On account the same, he is unable to carry on his avocation which has resulted in loss of income. Respondents 1 and 2 are the owner and Insurer of the Maxi Cab bearing Reg. No.KA.40-453. Respondents 3 and 4 are the owner and insurer of the scooter bearing registration No.KA- 11/H-4275. Fifth respondent is the driver of Maxicab. Sixth respondent is rider of the scooter. Hence, they are jointly and severally liable to pay the compensation.