ABHISHEK Vs. K B THIPPESWAMY,

JUDGEMENT

(1.) APPELLANT is the claimant, being dissatisfied with the quantum of compensation awarded in MVC No.114/2008 dated 21.09.2011 passed by the Motor Accident Claims Tribunal, Chitradurga (for short, 'the Tribunal') and fastening the liability on the owner of the vehicle to compensate the claimant filed this appeal seeking for enhancement of compensation.

(2.) THE case of the claimant is that on 18.08.2007 while he was standing near Habeeb Kirani Shop on Jagalur -Nayakanahatty road, an auto rickshaw bearing registration No.KA -16/A -5184 driven by its driver in a rash and negligent manner came and dashed against the claimant. Due to the said accident he has sustained grievous injuries and he was shifted to the Primary Health Centre, Nayakanahatty road, Jagalur for first -aid. Thereafter, he was shifted to a private hospital for treatment. Further, he claimed that he has spent more than Rs.20,000/ - for his treatment and he has suffered permanent disability. Hence, he filed a claim petition claiming compensation of Rs.2,00,000/ - for the injuries he sustained and the disability suffered by him.

(3.) THE Tribunal, on considering the oral and documentary evidence held that due to the rash and negligent driving of the auto rickshaw by its driver, the accident had occurred and the claimant sustained injuries and hence he is entitled for compensation. With regard to quantum of compensation is concerned, the wound certificate discloses that the claimant has suffered following injuries: