SAYYAD ABBAS Vs. RUKIYABI AND ORS.

JUDGEMENT

(1.) APPELLANT is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 21st February 2011 made in MVC No. 749/2010 passed by the Motor Accidents Claims Tribunal, D.K., Mangalore (hereinafter referred to as the 'the Tribunal' for short) has filed this appeal.

(2.) THE appellant filed a claim petition contending that on 04 -01 -2010 after parking his Kinetic Honda vehicle in the garage, while he was walking on the extreme left side of the road, at Aram Industries lane, a Tata 407 tempo bearing registration No.KA -18/3522 driven by its driver in a rash and negligent manner and dashed against the claimant from opposite side. Due to that, the claimant fell down on the road and sustained grievous injuries. Immediately after the accident, he was shifted to the Nursing Home at Karkala and thereafter, he was shifted to SCS Hospital at Mangalore for better treatment. He claimed that he was inpatient from 5 -1 -2010 to 17 -1 -2010 and he had spent huge money for his treatment. Prior to the accident, he was working as an agriculturist and earning Rs. 1,20,000/ - p.a. In view of the accident, he cannot work as an agriculturist and sought for compensation of Rs. 5,00,000/ -.

(3.) THE second respondent -Insurance Company filed written statement denying the entire averments made in the claim petition and also contended that the driver of the offending vehicle was not possessing the valid and 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 as against the second respondent -Insurance Company.