LAWS(KAR)-2015-11-200

ILIYAS Vs. P. GOPALAKRISHNA BHAT AND ORS.

Decided On November 18, 2015
ILIYAS Appellant
V/S
P. Gopalakrishna Bhat And Ors. Respondents

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the impugned judgment and award dated 12/10/2011, passed in MVC No. 443/2008, by the Presiding Officer, Fast Track Court and Member, Motor Accident Claims Tribunal, Mangalore, D.K., (for short 'Tribunal').

(2.) THE Tribunal, by its judgment and award has awarded a sum of Rs. 5,20,000/ - under different heads fixing 40% liability on the part of the rider of the two wheeler and 30% each on the part of respondent Nos. 2 and 4, Insurer of the autorickshaw and the bus with interest at 6% per annum from the date of petition till its payment, as against the claim of Rs. 22,00,000/ -, on account of the injuries sustained by him, in the road traffic accident and directed the respondent Nos. 2 and 4 to deposit the said amount with interest.

(3.) IT is the further case of the appellant that he spent considerable amount towards medical expenses and other incidental charges. On account of the injuries sustained by him, he has suffered permanent disability and the Doctor has assessed the disability at 42% to the whole body. Therefore, he has filed a claim petitions before the Tribunal under Section 166 of M.V. Act, claiming compensation against the owner and insurer of the auto and bus.