ANANDA Vs. ARJUN

JUDGEMENT

(1.) The injured claimant not being satisfied with the quantum of compensation awarded under the judgment and award, dtd. 3/9/2019, passed in M.V.C. No.2398/2017 by the X Additional District Judge and Member, Additional Motor Accident Claims Tribunal, Belagavi (for short, 'the Tribunal'), is before this Court praying for enhancement of compensation.

(2.) The injured claimant filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental injuries sustained by him in a road traffic accident that took place on 26/5/2017 involving truck bearing registration No.MH-16/AY-4025 and motorcycle bearing registration No.MH-10/BU-4211. It was stated that by the claimant that he was aged 40 years as on the date of the accident, was doing agricultural work and was earning Rs.2,50,000.00 per annum.

(3.) On issuance of notice, respondents Nos.1 and 2 appeared and filed their separate objections. Respondent No.1 in his written statement stated that the truck was insured with respondent No.2 and the insurance policy was in force as on the date of the accident. Respondent No.2- insurer denied the claim petition averments, but admitted issuance of policy in favour of respondent No.1 in respect of the truck. It also contended that the driver of the offending truck was not having a valid and effective driving licence to drive the truck. It further contended that the appellant-claimant also had no licence; the motorcycle was not having an insurance policy; that without wearing a helmet, the appellant-claimant was riding the motorcycle; and that it was due to negligence of the claimant - the rider of the motorcycle, the accident took place.