D.C.LOKESHA Vs. D.C.SUBBEGOWDA

JUDGEMENT

(1.) Heard Smt. Shardamba, the learned advocate appearing for the appellant and Sri A N Krishnaswamy, the learned advocate appearing for the 2nd respondent - the insurer. Notice to other respondents viz., legal representatives of the owner of the vehicle are dispensed with as the insurer has admitted the insurance coverage.

(2.) The appellant has taken exception to the judgment and award dtd. 16/4/2015 passed in MVC 33/2007 on the file of the Senior Civil Judge and MACT, Sakaleshpur. The appellant's claim petition seeking compensation of Rs.10,00,000.00 is allowed in part awarding compensation of Rs.4,45,900.00 with 6% interest p.a. Since the accident and the injuries sustained by the claimant are not in dispute, it is not necessary to get into those details.

(3.) The accident occurred on 22/4/2003. The claimant was an inpatient for 32 days at different intervals in different hospitals. The claimant is an agriculturist. The doctor who treated the claimant for the head injury was examined as PW2. The doctor has issued a disability certificate assessing 77.2% disability to the whole body. The tribunal after assessing the evidence on record and based on the admission of the claimant, particularly the statement where he admitted that he got married post-accident and post-surgery and that he got a child has concluded that the disability of 77.2% assessed by the doctor is not acceptable and the tribunal has assessed the disability at 26%.