ABDUL JALIL Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) In this appeal filed under Sec. 173 (1) of Motor Vehicles Act, petitioner is seeking enhancement of the compensation granted by the Tribunal for the injury sustained by him in a motor vehicle accident dtd. 4/1/2019.

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

(3.) Facts: It is the case of the petitioner that on 4/1/2019 at about 11-00 p.m, he was waiting for the bus at Garvebavipalya Subway, Madiwala, Bengaluru. Suddenly, a Tempo Traveller bearing registration No.KA-02-AA-9952 (for short 'offending vehicle'), being driven by its driver in a rash or negligent manner, endangering human life came in a high speed and after losing control dashed against the petitioner. As a result of the impact, petitioner fell down and sustained multiple injuries resulting in total permanent disability. Despite prolonged treatment and spending more than Rs.10.00 lakhs, he is not completely cured. Before the accident, he was hail and healthy and working as a Manager at AEGIS. He was drawing monthly salary of Rs.50,000.00. After the accident, petitioner is not able to work and as such he has lost income. As the insurer and owner, respondents are jointly and severally liable to pay the compensation and hence the petition.