M V CHOWDAPPA Vs. MOHAN BREWERIES DISTILLERIES LIMITED

JUDGEMENT

(1.) THE injured person in a motor vehicle accident, being dissatisfied with the compensation of Rs. 2,94,100/- with interest at 6% per annum, has preferred this appeal under Section 173 (1) of the Motor Vehicles Act, 1988 (for short, 'the Act' ).

(2.) THE fact that the appellant sustained certain grievous injuries in the accident occurred on 27-3-1997 involving the motor vehicle owned by the 1st respondent and insured by the 2nd respondent-Insurance company is not in dispute. The appellant was 28 years of age on the date of the accident and according to him, he was earning monthly income of Rs, 5,000/- out of agriculture/sericulture and also by milk-vending. As per the medical evidence, he sustained 90% of permanent disability to the whole body. In the premise of these facts, the appellant claimed compensation of Rs. 8,00,000/ -.

(3.) THE claim petition was contested by the 2nd respondent-Insurance company by filing written statement. In support of the claim for compensation, the appellant examined himself as P. W. 1 and one Dr. Shanmugam as P. W. 3 and produced two wound certificates marked as exs. P. 7 and P. 8, discharge summary marked as Ex. P. 11 and certain other documents marked as Exs. P. 12 to P. 24. On behalf of respondents, none was examined nor any document was produced.