SHASHIKANT Vs. MUNIRAJ M.

JUDGEMENT

(1.) In this appeal, the appellant has challenged the judgment dtd. 17/2/2018 passed in M.V.C.No.1027 of 2012 on the file of the III Additional Senior Civil Judge and MACT., Kalaburagi (hereinafter referred to as 'Tribunal' for short).

(2.) The appellant was the petitioner and the respondents were the respondents before the Tribunal. The parties will be referred as per their status before the Tribunal for the sake of convenience.

(3.) Briefly stated, the facts are that, on 16/4/2012 at about 7.10 a.m., the petitioner met with an accident at 6th Cross, Gandhi Nagar, Bangalore, due to hit by a Honda Active bearing No.KA-01/EM-8658, causing him the injuries on his head and fracture of both hands. He was hospitalized at Victoria Hospital, Bangalore, at NIMHANS Hospital from 16/4/2012 to 24/5/2012 and at St.Martha's Hospital from 31/5/2012 to 12/6/2012. The petitioner became mentally retarded due to head injury. Hence through his wife, he made a claim for Rs.95,61,520.00. The claim was opposed by the Insurance Company. The Tribunal awarded Rs.37,49,300.00 with 6% interest.