BABUKHAN Vs. ABDUL WAHEED

JUDGEMENT

(1.) This appeal is filed under Sec. 173(1) of the Motor Vehicles Act, challenging the judgment and award dtd. 23/12/2011 passed in MVC No.507/2008 by the Presiding Officer, FTC-I and Addl. MACT, Bidar (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Tribunal.

(3.) The brief factual matrix leading to the case are that, on 1/10/2008, the claimant was crossing the road with due caution near Gandhi Gunj Railway Gate on Bidar- Chidri Road and that that time, the motorcycle bearing. No.KA-38/J-2305 came from Chidri side in high speed and dashed to the claimant, due to which he sustained simple and grievous injuries. That, the claimant was shifted to District Hospital, Bidar and subsequently he has also obtained treatment in Yeshoda Hospital, Secundrabad. That, the accident is because of actionable negligence on the part of the rider of the motorcycle and respondent No.1 being the owner and respondent No.2 being the insurer are jointly and severally liable to pay the compensation.