SAGAR Vs. UMESH

JUDGEMENT

(1.) This appeal is filed by the petitioner in MVC No.1282/2019 assailing the quantum of compensation awarded in the judgment dtd. 14/2/2022 by the learned Principal Senior Civil Judge and MACT, Kalaburagi.

(2.) The factual matrix of the case is that, on 15/2/2019, the petitioner/appellant was proceeding on a motorcycle bearing No.KA.33.W.5003 as a pillion rider from Malla (B) Village to Yelagod. When the motor cycle was on Wadagera - Sumbad road, due to rash and negligent driving of the rider, it turned turtle resulting in severe injuries to the petitioner. He was immediately shifted to Government Hospital, Yadrami, and thereafter, to United Hospital, Kalaburagi. He was inpatient for 30 days in the said hospital and thereafter, he was taken to NIMHANS Hospital, Bangalore. He was inpatient in the said hospital for about 48 days and despite such treatment, he is suffering from the permanent disability. It was contended that the petitioner was a student, aged about 18 years, and the injuries suffered by him have resulted in permanent neurological disabilities. Therefore, he sought just compensation from the owner and insurer of the motorcycle.

(3.) On being served with the notice, respondent Nos. 1 and 2, who are the owner and insurer of the motor cycle, appeared before the Tribunal. Respondent No.2, Insurance Company filed the written statement denying the claim of the petitioner. Respondent No.1 did not file any written statement.