MUBARAK Vs. KOTIRAJ

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act ') is by petitioner seeking enhancement of the compensation granted in MVC.No.78/2015.

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

(3.) FACTS: On 21/1/2015, at 7.45 p.m. petitioner was standing by the side of the road with his motor cycle bearing registration No.KA-02-U-1801 in front of Kabarsthan, on Ramasamudra-Mulbagal Road near Sangam Talkies. At that time, a motor cycle bearing registration No.KA-07-W-0408 (hereinafter referred to as offending vehicle) came in a rash or negligent manner and dashed against the petitioner. Petitioner sustained grievous injuries. He was taken to R.L.Jalappa Hospital & Research Centre Hospital, Tamaka. He underwent prolonged treatment including operations. He has spent Rs.2,00,000.00 for treatment. Prior to the accident, petitioner was working as a Carpenter and earning Rs.20,000.00 per month. After the accident, he is unable to work as he used to and suffering loss of income. As the owner and insurer of the offending vehicle, respondents are jointly and severally liable to pay the compensation.