MOHAN KUMAR S/O INDRAKUMAR Vs. N.R. VISHWANATHA S/O N.N. RAGHAVENDRA RAO MAJOR OWNER OF MARUTHI CAR 11TH MAIN ROAD NTI LAYOUT, VIDYARANYAPURA BANGALORE AND THE BRANCH MANAGER THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., CRYSTAL ARC BALAMAT ROAD

JUDGEMENT

(1.) ACCEPTING the cause shown, the delay of 313 days in filing the appeal is condoned. However, the claimant is not entitled to interest for the delay period. This appeal is by the claimant seeking enhancement of compensation against the award dated 19.2.2011 passed by the Addl. Civil Judge (Sr.Dn.) and Addl. MACT, Hassan, in MVC No. 927/2005.

(2.) ON 1.5.2005, at about 6 a.m. when the claimant was waiting for the Bus near the old Bus Stand Cross Road, Shanthi Grama, at that time, a Maruthi Car bearing No. KA -04 -N -7474 came from Hassan side in a rash and negligent manner and dashed against the claimant. As a result, the claimant sustained injuries to his both legs, head, forehead, face, nose and other parts of the body. He was admitted to S.C. Hospital, Hassan, and later was shifted to Sanjay Gandhi Hospital, Bangalore, for further treatment. He was also treated at Shekar Hospital. He was treated as in -patient for nearly 20 days and was also kept in Intensive Care Unit. He is said to have spent Rs. 2/ - lakh towards medical expenses and Rs. 50,000/ - towards transport, diet and conveyance.

(3.) HEARD .