ISSAMIYA @ ISSAMUDDIN Vs. GULAM RASOOL AND OTHERS

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act against the judgment and award dated 30.07.2011 passed in MVC No. 152/2009 on the file of Principal Senior Civil Judge and MACT -II Bidar, partly allowing the claim petition and seeking enhancement of compensation.

(2.) WITH the consent of the learned counsel for the appellant as well as the learned counsel for Respondent No. 2, this matter was heard on merits.

(3.) THE case of the claimant in the Claims Tribunal is as under: That on 08.03.2009 at about 12.14 hours on National Highway No. 9 road within limits of Talmadgi village near the land of Srikant Kulkarni, when the claimant was proceeding in the auto rickshaw bearing Reg. No. KA -38/5121 for purchasing vegetables, the driver of the auto rickshaw lost control over it, since he was driving the vehicle in a rash and negligent manner, consequently the claimant met with an accident and sustained injuries.