(1.) The owner of the offending motor vehicle aggrieved by the quantum of compensation determined in the judgment and award dated 10th August 2011, in MVC 6248/2008 of the Motor Accident Claims Tribunal, ACCH No. 6, for short 'MACT', has presented this appeal.
(2.) Facts briefly stated are:
(3.) In the claim petition, registered as MVC 6248/2008, the injured sought compensation of Rs. 10,00,000/ -, which was opposed by filing written statement inter alia alleging that it was the claimant who dashed against the vehicle having come from the hind side although the vehicle had halted at the signal light, hence, the injury was not due to the negligence of the driver of the motor vehicle. The claimant examined Gangadevamma her mother, an eyewitness by name Rajanna, one Dr. Jagath Lal G and yet another Dr. N. Jamuna, as P.Ws. 1 to 4, and marked 15 documents, Exs. P1 to P15, while for the respondent -Insurance Company and the owner of the vehicle, none were examined nor documents marked.