MISCHEAL Vs. SCHONES OFFICE SYSTEMS PVT. LTD

JUDGEMENT

(1.) APPELLANT in this appeal is a claimant, being not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Belgaum (for short 'the Tribunal') by its impugned judgment and award dated 23 -11 -2009 in MVC No.826/2009, filed this appeal seeking for enhancement of the compensation.

(2.) THE appellant is a minor represented by his guardian. He has contended that on 12 -3 -2009 he had been to his relative's house at Somwar Peth, and at about 4.30 p.m. he had been to the market to purchase some materials and after purchasing the same, while returning home by walk, in front of the Pushpanjali building in Somwar Peth, Tilakwadi, a Mahendra Scorpio bearing registration No.KA -04/MC -0031 driven by its driver in a rash and negligent manner and in a high speed dashed against the claimant. Due to the said impact, the claimant has sustained compound fracture of right tibia, degloving injury to right lower limb and other 7 injuries all over the body. He was shifted to KLE Hospital and he has undergone operation for the fracture of tibia and fibula, and external fixation was also made. Thereafter, he has undergone second operation on 30 -03 -2009. He was in - patient in the Hospital for more than 26 days. He has spent more than Rs.3.00 lakhs towards his treatment. The claimant was aged about 9 years at the time of accident and was studying in III Standard in St.Paul's School, Belgaum. In view of the injuries sustained in the accident, he has become a permanently disabled, his future life and educational career has been spoiled. In view of mal -union of the tibia, he cannot walk properly and he has lost happiness in the life. Hence, he filed a claim petition claiming compensation of Rs.30.00 lakhs.

(3.) THE second respondent -Insurer, in their written statement has not disputed the accident, however, contended that the driver of the vehicle did not had the valid driving license at the time of the accident and there was breach of terms and conditions of the policy. Hence, the Insurer is not liable to pay compensation to the claimant and sought for dismissal of the claim petition.