ANAND Vs. MAHESH

JUDGEMENT

(1.) Though the appeal is listed for admission, with the consent of both counsel, it is taken up for final disposal. This miscellaneous first appeal is filed by petitioner under Sec. 173(1) of Motor Vehicles Act (for short 'the Act'), seeking enhancement of compensation for the injuries sustained by him in a motor vehicles accident dtd. 24/12/2015.

(2.) For the sake of convenience, the parties are referred to by their rank before the Tribunal.

(3.) It is the case of the petitioner that on 24/12/2015 the petitioner and another after completing work were returning to their house on a motorcycle bearing Reg.No.KA-32/X-8955. When they were near auto nagar in front of Kalaki shop, Aland Check post to Humnabad ring road, tipper bearing Reg.No.KA-22/B-2296 came in a high speed and in a rash and negligent manner by overtaking the motorcycle and dashed to the motorcycle. Due to which petitioner sustained fracture of right front compound comminuted depressed and fracture of right frontal and parietal EDH and other grievous injuries to other parts of the body. Inspite of prolonged treatment, he is not completely cured. As owner and insurer of the offending vehicle, respondents are jointly and severally liable to pay the compensation.