LAWS(KAR)-2014-3-77

RAMESH Vs. T. DORAISWAMY

Decided On March 07, 2014
RAMESH Appellant
V/S
T. Doraiswamy Respondents

JUDGEMENT

(1.) THIS appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned Senior Civil Judge & Addl. MACT, Hiriyur, in MVC. No. 210/2008, dated 19th November 2010.

(2.) IT is the case of the claimant that on 26.1.2008 at about 4.00 p.m. when he was proceeding on motorbike bearing registration No. KA -04/EQ -4593 in front of Gireesh college, main road, Hiriyur town, a KSRTC bus bearing registration No. KA -17/F -825 came in a rash and negligent manner and dashed against the motorbike due to which, he sustained grievous injuries. Immediately, he was shifted to Government Hospital, Hiriyur and thereafter to Bapuji Hospital, Davanagere and Shirdi Sai Hospital, Bangalore. Stating that an amount of Rs. 2 lakhs has been spent towards medical expenses, claimant filed claim petition before the Tribunal seeking compensation.

(3.) ACCORDING to the learned counsel for the appellant -claimant, there are no documents to show that claimant was intoxicated at the time of accident and there is no negligence on the part of claimant and accordingly, sought enhancement of compensation on the ground that it is on the lower side.