LAWS(KAR)-2013-10-57

ERANNA Vs. DEPUTY GENERAL MANAGER CUM DIVISIONAL CONTROLLER

Decided On October 24, 2013
ERANNA Appellant
V/S
Deputy General Manager Cum Divisional Controller Respondents

JUDGEMENT

(1.) THIS appeal is by the claimant, being not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Bellary (for short 'the Tribunal') by its impugned judgment and award dated 30 -11 -2009 in MVC No.163/2007, filed this appeal seeking for enhancement of the compensation.

(2.) IN the claim petition, the appellant has contended that on 24 -07 -2006, while he was proceeding along with one Vijay Kumar towards Kudligi village on the motor cycle bearing registration No.KA -35/L -2214 as a pillion rider, a KSRTC bus bearing registration No.KA -07/F -1009, driven by its driver in a rash and negligent manner dashed against the motor cycle. As a result of which, both the claimant and the said Vijay Kumar sustained grievous injuries. The claimant was shifted to Government Hospital, Hosahalli and thereafter, he was shifted to Bapuji Hospital, Davanagere. In the accident, the claimant had sustained fracture of tibia and fibula of the right leg. He claimed that he was working as a coolie and getting income of Rs.4,000/ - p.m. In view of the accident, he cannot work as a coolie and hence sought for compensation of Rs.3,00,000/ -.

(3.) THE appellant in order to prove his case examined himself as P.W.1 and got marked the documents as Ex.P1 to Ex.P13. He also examined Dr.Parvath Reddy Y., as P.W.3. The first respondent was examined himself as R.W.1 and got marked one document as Ex.R1.