RAMESH GOWDA Vs. VIJAYA FERNADES AND ORS.

JUDGEMENT

(1.) THIS appeal by the injured claimant is directed against the judgment and award dated 3rd September 2012, passed in MVC No. 73/2009, by the Senior Civil Judge, Motor Accident Claims Tribunal, Belthangady (for short, 'Tribunal'), on the ground that, the Tribunal is not justified in fixing the contributory negligence in the ratio of 50:50 on the part of the riders of both vehicles and the same is liable to be modified and also on the ground that the quantum of compensation awarded by Tribunal is on the lower side.

(2.) THE facts of the case as stated in the claim petition are that, at about 1:00 P.M., on the ill -fated day, i.e. on 03 -06 -2008, when the injured claimant was riding his motor cycle bearing Registration No. KA -19/R -5978 from Uppmangady to his house in Ilanthila village, near Kaje cross in Uppmangady -Belthangady tar road, a private bus Varun bearing Registration No. KA -19/6313 came at a high speed, being driven by its driver in a rash and negligent manner, dashed against the motor cycle of the appellant. As a result of the collision, the appellant was thrown out of the motor cycle on the tar road and he suffered grievous injuries on account of the same. Immediately, he was shifted to Pragathi Speciality Hospital, Puttur and he underwent various surgeries to his face and he ultimately took treatment as in -patient for a period of 25 days in the said Hospital.

(3.) ON account of the injuries sustained in the road traffic accident, the injured claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 20,00,000/ - against the respondents and the same was numbered as M.V.C. No. 73/2009. The said claim petition had come up for consideration before the Tribunal on 3rd September, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition filed by claimant herein, in part, awarding compensation of a sum of Rs. 2,30,745/ -, with 6% interest per annum, fixing 50% negligence on the part of the riders of both the vehicles. Being aggrieved by the contributory negligence fixed on the part of the riders of both the vehicles and also seeking enhancement of compensation, the appellant has filed this appeal.