DIVISIONAL MANAGER Vs. VARUNKUMAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the respondents.

(2.) This appeal is filed challenging the judgment and award passed in M.V.C.No.1254/2015 dtd. 19/11/2016 on the file of the Senior Civil Judge and additional M.A.C.T. at Saundatti questioning the quantum of compensation.

(3.) The factual matrix of the case of the claimant before the Tribunal is that on 7/8/2014, the claimant along with his relative Pradeep Hampannavar had been to Belgaum for his personal work on Honda Shine motorcycle bearing registration No.KA-24/R-4297 and after completion of their work, they were returning to Saundatti via Bailhongal and Belavadi Village. The said Pradeep Kumar was riding the motorcycle and the claimant was the pillion rider. After crossing Karikatti Village, the rider of the motorcycle drove the same in a high speed and in rash and negligent manner endangering human life and in Saundatti limits near Beladavar tank in the curve, the rider of the motorcycle lost his control and fell down. As a result, the claimant has sustained grievous injuries and fractures i.e., contusion over the right knee 4 x 5 cms., abnormal mobility crepitus over upper end of right tibia, comminuted fracture of right tibia and fibula, abrasion of the right leg 2 x 3 cms., abrasion over the right side of forehead 1 x 21 cms. and other internal injuries.