LAWS(KAR)-2016-6-317

PRASHANTH Vs. ARUN SHEN

Decided On June 27, 2016
PRASHANTH Appellant
V/S
ARUN SHEN Respondents

JUDGEMENT

(1.) The appellant being not satisfied with the compensation awarded in judgment and award dated 28-02-2011 made in MVC No. 846/2006 passed by the Motor Accident Claims Tribunal, Puttur (hereinafter referred to as "the Tribunal" for short) for the injuries sustained in the road traffic accident occurred on 15-2-2006, filed this appeal seeking enhancement of compensation.

(2.) On 15-2-2006,while the claimant was proceeding in his scooter, an Ambassador car bearing Registration No. KA-19/N-8989 driven by its driver in a rash and negligent manner dashed against the claimant's scooter. Due to that, he fell down and sustained grievous injuries. He has taken treatment in Pragathi Hospital at Puttur and thereafter in Tejaswini Hospital. In the accident, he has sustained sutured wound over the ankle medial aspect of right leg, fracture of fibula and contusion over the right elbow. He filed a claim petition seeking for compensation of Rs. 8,00,000/- from the owner as well as insurance company of the offending vehicle.

(3.) The respondents defended the case by filing written statement. On the basis of pleadings of the parties, the Tribunal framed necessary issues. The claimant got himself examined as P.W.1 and also examined the doctor and employer of the claimant as P.W.2 and P.W.3. On behalf of the respondents, none of the witnesses were examined. However, Insurance policy of the offending vehicle was marked as Ex.R1.