ABDUL SAMMAD Vs. ILYAS AHMED PASHA

JUDGEMENT

(1.) THIS is an appeal filed by the claimant in M. V. C. No. 1576 of 1998 on the file of the M. A. C. T. SCCH-V at Bangalore seeking enhancement of the compensation awarded by the Tribunal.

(2.) THE brief facts of the case are that on 17. 3. 1998 at about 10 a. m. when appellant was crossing the road at Lingarajapuram in front of Amrut Tent a lorry bearing No. MEL 5405 came from south to north in a high speed and in a rash and negligent manner dashed against the appellant as a result of which the appellant fell down and sustained severe bodily injuries. He was shifted to a nursing home immediately where first aid was given and thereafter, was shifted to Lady Curzon and Bowring hospital, Bangalore and that he was an inpatient there and it is in evidence that he was treated for more than six months for the injuries. The claimant has sought for a compensation of Rs. 4,00,000.

(3.) THE respondent insurance company contested the petition but admitted that the vehicle in question involved in the accident was insured with the company. M. A. C. T. found that the accident in question has occurred due to rash and negligent driving of the respondent No. 3 and accordingly, held that the accident occurred due to rash and negligent driving of the vehicle which is insured with the respondent insurance company. Thereafter, it went to assess the compensation to be awarded. In the accident in question, the appellant has suffered the following injuries: