NINGARAJU Vs. MAHADEVA K.M.

JUDGEMENT

(1.) This appeal is filed under Sec. 173(1) of the Motor Vehicles Act, 1988, (hereinafter referred to as 'MV Act' for brevity) by the appellant-claimant challenging the judgment and award dtd. 21/4/2017, passed in MVC No.53/2013, on the file of Senior Civil Judge & J.M.F.C & Addl., MACT, Channapattana, (hereinafter referred to as 'the Tribunal' for brevity) for seeking enhancement of compensation.

(2.) That on 13/1/2013 at about 11.00 p.m. when the appellant was going as pillion rider in Hero Honda Motor Cycle bearing No.KA-42-L-5852. When they reached near Sri. Manteswamy Temple the appellant asked the rider of the motor cycle to stop the vehicle to attend nature call for which the rider has stopped the vehicle and when the appellant was getting down from the said motor cycle, the rider of the said motor cycle drove the same in rash and negligent manner as a result of which he fell down and sustained grievous injuries. He took treatment at hospital and has spent lot of money for his treatment.

(3.) Hence, a claim petition was filed by the appellant-claimant under Sec. -166 of the M.V. Act, claiming compensation. The deceased was a coolie worker and earning Rs.6,000.00 per month. The appellant is suffering from discomfort and disability. The Tribunal on appreciating the materials on record, allowed the petition in part and awarded a compensation of Rs.85,000.00, along with interest at 6% per annum from the date of petition till the date of deposit. The Tribunal held respondent Nos.2 and 3 therein, jointly and severally liable to pay the compensation.