RAHUL S/O GAJENDRA SINDE Vs. IBRAHIM

JUDGEMENT

(1.) This is the claimant's appeal filed for enhancement of compensation against the judgment and award dated 23rd June 2010 made in MVC No. 1154/2008 on the file of the Principal Civil Judge (Sr.Dn.) and MACT, Gulbarga, awarding compensation of Rs. 49,400/- with interest at 6% per annum from the date of petition till realization.

(2.) The appellant-claimant filed a claim petition under the provisions of Section 166 of the Motor Vehicles Act claiming compensation of Rs.8,00,000/- for the injuries sustained by him in an accident that occurred on 4.6.2008 contending that when he was proceeding in an auto-rickshaw to reach his village Sastapur at about 6.00 p.m., another auto-rickshaw bearing registration No.KA-39-6517 which was coming from the opposite direction in an high speed, dashed against his autorickshaw in which he was proceeding, as a result, he sustained grievous injuries. Immediately, he was shifted to a Government Hospital at Basavakalyan and later to Dr. Mathpati Hospital for further treatment. It is his further case that he was aged about 25 years, hale and healthy at the time of the accident. He was working as a mechanic earning Rs. 5,000/- to Rs. 6,000/- per month and due to the accident, he has sustained permanent disability and therefore, he sought compensation as prayed.

(3.) The 1st respondent-owner filed objections denying the claim averments and prayed for dismissal of the petition. The 2nd respondent IFFCO TOKOI filed objections denying the entire claim averments made in the claim petition contending that the claimant has not sustained any injuries in the accident involved on account auto-rickshaw bearing registration No.KA- 39/6517. The auto-rickshaw driver of the vehicle involved in the accident did not have any valid and effective driving license. The auto-rickshaw involved in the accident was not insured with the aforesaid Insurance Company. Therefore, he prayed to dismiss the claim petition.