AMEER JAAN Vs. Y. CHETAN

JUDGEMENT

(1.) The petitioner/appellant has filed this appeal under Sec. 173(1) of Motor Vehicles Act, 1988, being aggrieved and dissatisfied with the judgment and award dtd. 29/8/2019 passed in M.V.C.4323/2017 by the IX Additional Small Causes Judge and ACMM, Court of Small Causes, and Member, MACT-7, Bengaluru. By filing this appeal, the appellant seeks to enhance the compensation so awarded by the tribunal.

(2.) It was the case of the petitioner before the tribunal that, on 15/12/2016 at about 8.30 a.m., when he was moving on his motor cycle bearing registration No.KA- 53-S-7646 from Muthkur towards Varthur, near Muthusandra Lake, the driver of TATA Indica Car bearing registration No.KA-53-A-7981 by driving his Car in a rash and negligent manner, dashed against the petitioner's motor cycle. Because of this impact, petitioner fell down and sustained subtrochanteric fracture right femur, distal 1/3 shaft fracture right femur, open wound over right leg and COPD with acute exacerbation. He was shifted to Hosmat Hospital, Bengaluru and took treatment in the said hospital as inpatient from 15/12/2016 to 24/12/2016 and underwent closed reduction and recon nailing right femur, wound debridement and CLW suturing right leg on 16/12/2016. Further, he also underwent inferior based gastronomies flap with SSG right leg on 19/12/2016. Thus, he alleged that, he has spent more than Rs.5,00,000.00 towards medical, conveyance, nourishment and medical expenses.

(3.) It is his further case that, when the accident took place, he was 60 years old and was working as a mason under various civil contractors and was earning Rs.15,000.00p.m. Now he has been disabled because of these injuries and has sustained permanent disability because of these accidental injuries. Both the respondents are liable to pay the compensation and hence prayed to award the compensation as prayed.