VENKATESH SHETTIGAR Vs. M.S. LATHIEF

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation granted by the Tribunal, petitioner has come up with this appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act') seeking enhancement.

(2.) For the sake of convenience the parties are referred to by their rank before the Tribunal.

(3.) FACTS: It is the case of the petitioner that he is an auto driver by profession. He is owning auto rickshaw bearing registration No.KA-19/C-2394. On 30/3/2009, at about 11.30 a.m he was carrying passengers in his auto rickshaw. While they were proceeding near K.E.B at Kaikamba, a bus bearing registration No.KA-19/B-8819 (hereinafter referred to as offending vehicle), came from its back side in a high speed, in rash or negligent manner and dashed against the rear portion of the auto rickshaw. In the said accident, petitioner sustained grievous injuries resulting in permanent partial disability. He took prolonged treatment at A.J.Hospital, Mangaluru and under went surgery. Inspite of spending huge amount for the treatment, he is not completely cured. As owner and insurer of the offending vehicle, respondents are jointly and severally liable to pay the compensation.