SRINIVASA REDDY Vs. M.V. RAJASHEKAR

JUDGEMENT

(1.) Aggrieved by the judgment and award dtd. 16/11/2016 passed in MVC No.827/2015 by the learned II Additional Small Causes Judge and XXVIII ACMM and MACT, Bengaluru (SCCH-13), whereby the petition came to be allowed in part and a sum of Rs.3,13,018.00 has been awarded as compensation, the petitioner has approached this Court in appeal seeking enhancement urging various grounds.

(2.) The parties would be referred to as per their ranks before the Tribunal for the sake of convenience.

(3.) The brief facts are as below: On 4/7/2014, at about 10.40 a.m. the petitioner along with one Shivappa had been to Bagepalli on motor cycle bearing Reg. No. KA-51-R-2001 to attend some work at Bagepalli and when they reached Nallappa Reddypalli Cross, at that time, the driver of the Ambassador Car bearing Reg. No. MEV-4545 came from Bagepalli side in a rash and negligent manner and dashed against the petitioner's motor cycle. Due to the said impact, petitioner fell down and sustained injuries. Immediately, he was shifted to Government General Hospital, Bagepalli, for first aid treatment and later, was shifted to Bowring and Lady Curzon Hospital, Bangalore, wherein he was admitted as an inpatient. It was further contended that, prior to the accident, petitioner was hale and healthy, doing Agriculture, Sericulture and Dairy farming and has income of Rs.5,000.00 P.A. out of Agriculture, Rs.4,000.00 P.A. from Sericulture and Rs.20,000.00 to 30,000/- p.m. from Diary farming and he was contributing for the welfare of the family maintenance and due to the injuries sustained in the accident, he has sustained permanent disability and not able to do any work as before. Hence, claimed compensation of Rs.8,00,000.00.