ASHOK DUNDAPPA BHOJ Vs. SHRI ARJUN BHIMAPPA SANAMANI AND THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THE claimant has filed this appeal, being aggrieved by the judgment and award dated 05 -08 -2010 made in MVC No. 1024/2009 passed by the Fast Track -IV and Motor Accidents Claims Tribunal, Belgaum (for short 'the Tribunal') seeking for enhancement of the compensation. In the claim petition it was contended that on 02.01.2009 at about 10.30 p.m. he was standing by the side of the road near Devershigihalli Service Road waiting for a bus. At that time, a Hero Honda motor cycle bearing Regn. No. KA -24/H -9034 came from Itagi cross road in a rash and negligent manner with high speed and dashed against the claimant. Due to the accident, he has sustained grievous injuries to the right leg and other parts of the body. Immediately he was shifted to the District Hospital, Belgaum for treatment and he was inpatient there for a period of 14 days. He has under gone. operation, plates and screws were inserted. For the injuries he has sustained in the accident, the claimant filed claim petition seeking compensation of Rs. 7,00,000/ -.

(2.) THE respondents entered appearance. The first respondent, owner of the offending vehicle denied the averments made in the claim petition and contended that the claimant suddenly crossed the road, and he lost control over the vehicle and dashed against the claimant. He also contended that the injuries are simple in nature and he was holding the valid driving license at the time accident and sought for dismissal of the claim petition as against the first respondent.

(3.) THE Tribunal after considering the oral and documentary evidence adduced by the parties and also taking into consideration copy of the complaint, Spot Panchanama, sketch, MV -I report, charge sheet and further taking into consideration the wound certificate Ex. P8, awarded compensation of Rs. 1,29,000/ - with interest at 6% p.a. from the date of petition till realization. The claimant, being unsatisfied with the quantum of compensation awarded by the Tribunal filed this appeal.