SHAHANAVAZ SHAMAL PATE Vs. G M SHIVAKUMAR

JUDGEMENT

(1.) This is a claimant's appeal seeking for enhancement of compensation in respect of the injuries, which he sustained in a motor vehicle accident and also challenging the order of the Tribunal absolving the l iabi l ity of the insurer of the motor vehicle involved in the 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 claimant that he was aged about 20 years, a vegetable vendor by occupation, earning Rs.4,500.00 per month. On 19.4.2005 the claimant along with two others were proceeding on Hero Honda motor cycle bearing No.KA-17/L-3015. At about 4.30 p.m. when the said motor cycle was near Tipu Sultan Nagar cross bus stand, on account of rash and negl igent riding of the motor cycle by its rider it went and dashed to a passerby resulting in accident, in which he sustained injuries to his left hand. He took treatment for the injuries at Kapi leshwar Hospital, Belgaum. He spent huge money for the treatment of his injuries. Despite the same, the injuries sustained are not completely cured, due to which, he is unable to carry on his avocation, which has resulted in loss of income. The respondents are the owner and insurer of the motor cycle involved in the accident. Hence, they are jointly and severally l iable to pay the compensation as claimed in the claim petition.