LAWS(KAR)-2013-2-248

CHANNABASAVAIAH R Vs. ORIENTAL INSURANCE CO LTD

Decided On February 15, 2013
Channabasavaiah R Appellant
V/S
ORIENTAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) This appeal by the claimant arises out of the impugned judgment and award dated 25.08.2009 passed in MVC No.81/2008 on the file of the XIX Addl. SCJ & MACT, Bangalore (SCCH-7) (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation.

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs.7,04,900/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident.

(3.) It is case of the appellant that, he was aged about 24 years as on the date of accident, hale and healthy prior to the accident and earning Rs.8,500/- per month by working as a Sales Executive. On 27.08.2007 at about 11.45 p.m., when he was going from Tumkur towards Mallasandra Village on his Bajaj Pulsar Motor Bike bearing Regn. No.KA-06/Y-53 near Aralikatte, Kuntammana Thota, a Maruthi Zen Car bearing Regn. No.KA-18/M-1851 belonging to the 2nd respondent was driven by the 3rd respondent in a rash and negligent manner and dashed against the motorcycle of the appellant. As a result of which, the appellant fell down and sustained the following injuries: