RAMAIAH Vs. ALKESHA AND ORS.

JUDGEMENT

(1.) Aggrieved by the meager award of Rs. 2,18,650/ - awarded by the learned Senior Civil Judge & XII Addl. Motor Accidents Claims Tribunal, Bhadravathi, by award dated 22nd July 2010 in MVC. No. 200/2007, Mr. Ramaiah, the claimant, has approached this Court.

(2.) Briefly the facts of the case are that on 4.3.2007, the Mr. Ramaiah was going as a pillion rider in the motor bike bearing registration No. KA -14 -U -825 being ridden by one Ramegowda. While they were proceeding on the left side of B.H. Road, near Channabasaveshwara Temple at Malavagoppa, around 2.00 p.m., one Mr. Alkesha, aged 20 years, rode his motor cycle, bearing registration No. KA -14 -U -455, rashly and negligently, and dashed against the motorbike on which the claimant was going. The claimant fell down and sustained grievous injuries on his left tibia and wrist. Consequently, his left leg was shortened by 5 cms. and there was no movement across the knee. He had lost 40% of grip in the left hand along with deformity of left wrist. There was deformity of 30% of the whole body and having suffered 80% disability of the left lower limb, the appellant filed claim petition before the learned Tribunal. After going through the oral and documentary evidence, the learned Tribunal had granted a compensation of Rs. 2,18,650/ -. Hence, this appeal before this Court.