C. SRINIVASALU Vs. KATA SIRAJ BASHA AND ORS.

JUDGEMENT

(1.) Claimant in MV 483/2008 on the file of the Additional Sr. Civil Judge & MACT, Bangalore, (for short 'MACT') dissatisfied with the quantum of compensation and the finding declining to fasten liability on the insurance company to pay compensation, by judgment and award dated 24th September 2010, has preferred this appeal.

(2.) The appellant, while riding motor cycle bearing Registration No. AP 03 K 1438 on 6.8.2007, at about 5.40 p.m. near check post, on NH 218, on Palamaneer -Madanapalli Road, the driver of Autorickshaw bearing registration No. AP -03 -U -9303, owned by the first respondent and insured with the 2nd respondent, driving at a high speed and in a rash and negligent manner dashed against the motor cycle resulting in grievous injuries to the appellant, whence despite treatment at several hospitals by surgical intervention, nevertheless, the right leg above knee was amputated.

(3.) In the petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming Rs. 8,00,000/ - as compensation, it was asserted that appellant was aged 30, a loader, earning Rs. 5,000/ - per month due to the injuries and amputation of right leg above knee, is functional disabled. Appellant was examined as PW.1, and examined two witnesses PW.2 and 3 and marked Ex. P1 to P20, in support of the claims. While for the respondents, the 1st respondent insured was placed ex -parte, and the 2nd respondent Insurance Company examined one Krishna Sheernali as RW1, marked 4 documents as Ex. R1 to R4 in support of its defence that it was not liable to make good the compensation in the light of the driver of offending motor vehicle was charge sheeted for offence under Sec. 3(1) read with Sec. 181 of the Motor Vehicles Act, 1988, (for short 'MV Act) for not possessing a valid driving licence as on the date of accident to drive the offending motor vehicle.