PALAKSHA Vs. MAHANTESH AND ORS.

JUDGEMENT

(1.) THE appellant is the claimant in MVC No. 1150/2010 on the file of the Addl. Motor Accident Claims Tribunal, Bailhongal (hereinafter referred to as 'the Tribunal', for short). Being dissatisfied with the quantum of compensation awarded by the Tribunal by its judgment and award dated 18.08.2011, the claimant has filed this appeal seeking enhancement of the compensation.

(2.) IT is the case of the claimant that, on 6.5.2010, at about 4.00 pm, while he was standing by the side of a motorcycle bearing registration No. KA34/S -3713 in front of P.L.D. Bank, Bailhongal, on the left side of the road, a passenger tempo bearing registration No. KA -22/7960 driven by its driver in a rash and negligent manner came at a high speed and dashed to claimant from backside. In view of that the claimant has sustained grievous injuries. Initially the claimant took treatment at the Govt. Hospital, Bailhongal, and thereafter he has taken treatment from Dr. C.D. Kulkarm, Bailhongal. Due to the accident, the claimant has sustained fracture of middle 3rd of right tibia and fibula, fracture of right greater tuberosity of right humorous and injuries to other parts of the body. He underwent operations. He claimed that he spent more than Rs. 50,000/ - for his treatment and hence sought for compensation.

(3.) ON the basis of pleadings of the parties, Tribunal framed the necessary issues. The claimant in order to prove his case examined himself as P.W. 1 and got marked documents at Exs. P1 to P45. He examined the doctor, who treated him as P.W. 2. On behalf of the respondent -Insurance Company, the insurance policy of the offending vehicle was marked as Ex. R1.