AMANULLA Vs. RAVI.R.

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. 12/9/2017, passed in MVC No.1119/2016, on the file of VI Additional District and Sessions Judge and Member, AMACT, Tumakuru, (hereinafter referred to as 'the Tribunal' for brevity) seeking enhancement of compensation.

(2.) Appellant-claimant sustained grievous injuries in a road traffic accident on 22/3/2016 at about 10.30 a.m., when claimant was proceeding in his cycle near Huliyar road, the driver of the Maruti Omni car bearing Reg.No.KA-16-N0030 drove it in a high speed, rash and negligent manner and dashed against the cycle of the claimant and has caused accident. Shri Amanulla, succumbed to the multiple bleeding injuries and shifted to General Hospital, Hiriyur and then to Adithya Hospital, Tumakuru and then to Sarvodaya Multi Specialty Hospital, Tumakuru, wherein he was admitted as in patient for 12 days and underwent surgery to his left tip.

(3.) Hence, a claim petition was filed by the appellant under Sec. -166 of the M.V. Act, claiming compensation for the injuries sustained in the accident. The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.3,15,797.00, along with interest at 7.5% per annum from the date of petition till the date of deposit. The Tribunal held respondent Nos.1 and 2 therein, jointly and severally liable to pay the compensation.