SHRI. RAMESH YALLAPPA SAMBREKAR Vs. SHRI NAGESH TIPPANNA KONDASKOPP 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. 2307/2009, dated 18.08.2010 by the Motor Accidents Claims Tribunal, Belgaum (for short 'the Tribunal') filed this appeal seeking for enhancement of compensation. In the claim petition, it was contended that on 04.04.2009 at about 8.00 p.m. the claimant was proceeding in a motor bike as a pillion rider. When they reached Shindoli road, a Hero Honda Motor bike bearing registration No. KA -22/S -326 came in a rash and negligent manner and dashed against the Motor bike in which the claimant was travelling. As a result of which, the claimant has sustained grievous injuries and he was admitted to the private hospital, Belgaum wherein he had taken ' treatment as inpatient for a period of 7 days. In the accident he has sustained comminuted fracture of tibia and fibula and fracture of patila. He was aged about 23 years, working as the mason and earning sum of Rs. 6,000/ - p.m., due to the accident, he has sustained permanent disability and sought for compensation of Rs. 12,00,000/ -.

(2.) THE respondents entered appearance. The first respondent filed objections admitting the accident and denied that the accident has occurred due to rash and negligent act of the rider of the offending vehicle. Further contended that the vehicle in question was insured with the second respondent. Hence, 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 the injury he has sustained and sufferings he has under gone awarded sum of Rs. 2,19,800/ - 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.