MADAPPA P. Vs. SRIRAM GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal is filed by the claimant under Sec. 173 (1) of the Motor Vehicles Act , 1988, seeking enhancement of the compensation awarded by the Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-13), (hereinafter for brevity referred to as "the Tribunal"), in its judgment and award dtd. 20/7/2021 in M.V.C.No.4259/2012.

(2.) The summary of the case of the claimant in the Tribunal was that, on the date 4/4/2012 at about 11:20 a.m., while he was riding his Motor Cycle bearing registration No.KA-09/EC-6679 to go to Hosakote village, on Mysore-Suthur Road, near Morarji Desai School, a Tractor and Trailer bearing registration Nos.KA-09/T-4994 and KA-09/T-4995 being driven by its driver in a rash and negligent manner, dashed to the claimant's Motor Cycle. Due to the said road traffic accident, the claimant fell down and sustained injuries over his head, legs and other parts of his body. He was shifted to J.S.S. Hospital immediately and then to St. Joseph Hospital, where he was given treatment as an in-patient from the date 4/4/2012 to 14/4/2012. He also underwent a surgical operation. The claimant further stated that he incurred an expenditure of a sum of Rs,1,50,000/- towards medical and hospital charges. He stated that being an agriculturist, he was earning a sum of Rs,10,000/- per month, but due to the accident, he has lost his earning capacity and is unable to come back to his normal life. He has also sought compensation towards the damages caused to his Motor Cycle. With this, he has claimed a total compensation of a sum of Rs,10,00,000/- from respondents 1 and 2 before the Tribunal, arraigning them as the owner and insurer of the alleged offending vehicle respectively.

(3.) Before the Tribunal, the claimant got himself examined as PW-1 and also examined two more witnesses i.e. Sri.G.V. Ravishankar as PW-2 and Dr.S. Ramachandra as PW-3 and got marked documents from Exs.P-1 to P-22. On behalf of the respondents, neither any witness was examined nor any documents were got marked.