SALAUDDIN S/O SHAHABUDDIN Vs. AHLUWALLA CONTRACTORS INDIA LTD SHAFIA JUNG ENCLAVE, NEW DELHI ALSO: M/S AHLUWALLA CONTRACTS INDIA LTD HTL, LEELA PALACE EXTENSION 23/4, 6TH CROSS, KODIHALLI VILLAGE BANGALORE AND ICICI LAMBORD INSURANCE CO LTD REGL

JUDGEMENT

(1.) APPEAL is by the claimant seeking enhancement of the compensation awarded by the MACT V. Bangalore in MVC 2158/2009 on 28.5.2011. On 3.1.2009 around 6.00 p.m., the claimant was proceeding near outer ringer road near Hennur junction on the left side of the road near the signal, the driver of the car bearing No. KA 02 B 263 was also waiting for signal clearance. At that time, lorry bearing No. KA 53 1488 in a negligent manner dashed against the car from behind in turn, the car dashed against the claimant as such, he fell down and sustained grievous injuries. In the claim petition filed, Tribunal having held that the accident was due to the negligence of the driver of the lorry in question, awarded global compensation of Rs.40,000/ -. Not satisfied with the same, claimant is before this Court.

(2.) HEARD the counsel representing the parties.

(3.) COUNSEL for the respondent insurer submitted, the doctor examined by the court is not the one who has treated the patient. No disability certificate is issued except the oral testimony of the doctor and the compensation awarded in the absence of any cogent evidence is just and proper.