MASTHAN Vs. KARNATAKA GOVERNMENT INSURANCE DEPARTMENT OFFICE

JUDGEMENT

(1.) THESE two appeals respectively by the injured claimant and the owner are directed against the same judgment and award dated 9th April 2010, passed in MVC No.1987/2008, by the XIII Additional Small Cause Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore, (SCCH -15), (for short, 'Tribunal').

(2.) WHILE the injured claimant has filed the appeal seeking enhancement of compensation on the ground that, the compensation of Rs. 2,84,800/ - with interest @ 6% p.a. awarded in his favour is inadequate and liable to be enhanced, the owner of the offending vehicle has filed the appeal for reduction of compensation, on ground that the compensation awarded by Tribunal is on the higher side and exorbitant.

(3.) THE injured claimant had filed the claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the owner and insurer of the offending vehicle, on account of the injuries sustained by him in the road traffic accident. The accident occurred at about 11:00 A.M, on 08 -10 -2007, when the claimant was standing to cross the road in K.R. Market front road, Bangalore, on account of rash and negligent driving by the driver of Lorry bearing Registration No.KA -01/G -8363. Due to the impact, the injured claimant fell down and sustained grievous injuries and was immediately shifted to Victoria Hospital, where first aid treatment was given and also treated as in -patient in the said Hospital. He also underwent a surgery.