BASAVARAJA Vs. VIVEKANANADA

JUDGEMENT

(1.) The claimant is impugning the judgment and award dated 02 12.2010 passed in MVC No.152 of 2009 on the file of the learned Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, Ranibennur (hereinafter referred to as 'the Tribunal' for brevity), awarding compensation of Rs.50,000.00 with interest at 6% per annum and directing respondent No.1 to pay the same.

(2.) Parties are referred to as per their rank and status before the Tribunal.

(3.) Brief facts of the case are that, the claimant filed the claim petition under Sec. 166 of Motors Vehicle's Act, 1988 (for short 'the MV Act '), against respondent No.1 - owner of Tata Ace bearing registration No.KA-27/A-435 and respondent No.2 - insurer for the injuries suffered by him in the road traffic accident. It is contended that the petitioner is a Government servant earning Rs.10,000.00 per month. On 25/3/2008 at 5.30 p.m. he was proceeding on PB road and the driver of the Tata Ace vehicle came in a rash and negligent manner and dashed against the petitioner, as a result, the petitioner sustained multiple fractures and took treatment with Dr.Umanath R Ullal Hospital, Ranibennur and again at Kasturba Hospital and spent huge amount towards medical expenses. Therefore, he claimed compensation from respondent Nos.1 and 2.