VIPIN K Vs. T MANJUNATH

JUDGEMENT

(1.) This appeal is filed by the claimant being aggrieved by the award dtd. 18/6/2013 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru in MVC No.2801/2011.

(2.) The claim petition is filed seeking compensation of an amount of Rs.10,00,000.00 for the injuries sustained by him in the accident. The case of the claimant is that on 25/3/2011 at about 7.30 a.m. as a pedestrian while he was walking on the side of the pipeline road, at that time the rider of the motor bike came from the pipeline road to S M Road in a rash and negligent manner with high speed without observing traffic rules and regulations, tried to overtake a lorry from the right side and dashed against the petitioner. Due to the impact, the claimant fell down and sustained grevious injuries. Immediately he was shifted to Columbia Asia Hospital where he was given first aid treatment and admitted as an inpatient from 25/3/2011 to 27/3/2011 with an advice of follow up treatment. According to him, he was getting income of an amount of Rs.10,000.00 at the time of accident. After the said accident, he is unable to do the job and he also lost the income.

(3.) Learned counsel appearing for the appellant/claimant submits that the Court below had exonerated the insurance company from the liability. It is submitted that when there is a valid policy existing as on that date and on the mere violations of the terms and conditions of the policy, the tribunal ought not to have exonerated the insurance company. He submitted that the insurance company is liable to pay compensation. The claimant sustained disability because of the injuries and the tribunal had failed to grant reasonable amount for the injuries sustained by him and towards extra nourishment, travelling and other heads, it is submitted that the compensation that was granted was not just and reasonable.