DORESWAMY Vs. M. PRAKASH RAO AND ORS.

JUDGEMENT

(1.) APPELLANT is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 19th August, 2010 made in MVC No. 151/2007 by the Senior Civil Judge and 12th Additional Motor Accidents Claims Tribunal, Bhadravathi (hereinafter referred to as 'the Tribunal' for short) has filed this appeal seeking for enhancement of compensation.

(2.) IT is the case of the claimant that on 7 -2 -2007, while he was proceeding towards Hosanagar in Guru Shakthi Bus bearing registration No. KA -20/AA -66, due to the rash and negligent driving of the bus by the second respondent, it dashed against the Canter bearing registration No. KA - 12/6763 near Suduru Forest Gate. As a result of which, the claimant sustained grievous injuries. Immediately after the accident, the claimant was taken to the Government Hospital at Rippenpete and after the First Aid treatment, he was shifted to Mc.Gan Hospital, Shivamogga. Subsequently, on the advice of the doctor, he was shifted to Nanjappa Hospital at Shivamogga and thereafter he was shifted to Kasturba Hospital, Manipal for better treatment.

(3.) THOUGH respondents 1 and 2 who are the driver and owner of the offending vehicle were served with notice, they remained unrepresented. The 3rd respondent/Insurance Company filed the statement of objections denying the entire averments made in the claim petition. They also contended that due to the collision of two vehicles, the accident had occurred and there is contributory negligence on the part of the drivers of both the vehicles. Further, the driver of the offending bus did not possess the effective driving license as on the date of the accident. Hence, the Insurer is not liable to compensate the claimant and sought for dismissal of the claim petition.