SHRI. BHIMASHEPPA TIMMANNA GANI Vs. SHRI SADASHIV VENKAPPA HOSAKOTI AND THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) APPELLANT is the claimant, being unsatisfied with the quantum of compensation awarded in MVC. No. 421/2010 dated 01.09.2010 passed by the Motor Accidents Claims Tribunal, Belgaum (for short 'the Tribunal') filed this appeal seeking for enhancement of compensation. In the claim petition, the claimant has contended that on 24.01.2010 at about 2.30 p.m., while he was proceeding towards his house from Kulagod Bus stand by the side of the Road, driver of the Mahindra Bolero bearing registration No. KA -48/M -1590 drove the vehicle in a rash and negligent manner and dashed against the claimant from back side. Due to the accident, he has sustained grievous injuries. Immediately he was taken to the Government Hospital, Belgaum for treatment. In view of the accident he has sustained huge loss and spent huge money for the treatment. Hence, he filed a claim petition seeking compensation of Rs. 8,00,000/ -.

(2.) THE first respondent entered appearance and filed objection statements. He contended that the vehicle is duly insured with the second respondent and hence, he is not liable to compensate the claimant 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, MVI report, charge sheet held that due to the rash and negligent driving of the Mahindra Bolero Vehicle by its driver, the accident has occurred. The police had registered a case against the driver. With regard to the quantum of compensation is concerned, the Tribunal taking into consideration income of the claimant at Rs. 3,000/ - p.m. and permanent disability at 10%, awarded compensation of Rs. 1,10,800/ - with interest at 9% p.a. from the date of petition till realization. The claimant, being unsatisfied with the quantum of compensation awarded by the Tribunal has filed this appeal.