SUMANT Vs. LAKSHMIDEVI

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the appellant against the judgment and award dtd. 5/8/2015 passed by the II Addl. Small Causes Judge and XXVIII ACMM, MACT, Bengaluru, in MVC No.912/2014, seeking enhancement of compensation.

(2.) The brief facts of the case are that : On 15/2/2014, at about 11.10. p.m., when he was riding motor cycle bearing No.KA-41-TW-7680 from Rajarajeshwari Nagara to BSK, III Stage, on Nehru Road, Rajarajeshwari Nagara, Bengaluru, near Unity Hospital, at that time, the driver of the Maxi cab bearing registration No.KA-04-D-5146 drove it in a high speed, rash and negligent manner, endangering human life while coming from opposite direction and dashed against his motor cycle. Due to the impact, he fell down and sustained grievous injuries. Immediately, he was shifted to BGS Hospital, after first aid treatment, he was shifted to St. John's Hospital wherein he took treatment as an inpatient by spending considerable amount towards medical, conveyance, nourishment and other incidental charges etc., Due to the injuries, he has suffered disability is the claim.

(3.) Heard the learned advocate appearing for the appellant/claimant and the learned advocate appearing for the respondent-Insurance Company.