KUMAR RIHAN Vs. BASAVARAJ AND ORS.

JUDGEMENT

(1.) This is claimant's appeal for enhancement against the judgment and award dated 08.02.2010 made in MVC No. 34/2009 on the file of Member, MACT -VI, Jamkhandi (hereinafter referred to as 'Tribunal' for short) awarding total compensation of Rs. 82,500/ - with interest at 6% per annum on Rs. 72,500/ - from the date of petition till the date of deposit.

(2.) It is the case of the claimant that on 30.07.2008 at about 4.00 p.m., he met with an accident when he was standing by the side of the road near fish market due to the rash and negligent driving by the driver of Mini Goods Vehicle bearing No. KA -23/8851. Due to the impact he sustained fractural injuries to his left leg below the knee, big hole on the side of the left leg below the knee, nerves have cut and sustained other injuries on other parts of the body. He was admitted to DR. Parthanahalli Hospital and taken treatment for two months as indoor patient and spent Rs. 90,000/ - towards medical expenses. It was further contended that before accident he was hale and healthy, due to accidental injuries he was not in a position to walk properly and sit with cross legs. His future is in dark. The 1st respondent is the owner of the alleged vehicle and 2nd respondent Insurer both are jointly and severally liable to pay compensation. Therefore, he filed a claim petition before the Tribunal claiming Rs. 9,90,000/ - for the injuries sustained him.

(3.) The owner and the insurer filed their objections and denied the petition averments, age and health conditions of the claimant and also contended that the compensation claimed is exorbitant. The Insurer further contended that the owner of the vehicle entrusted the vehicle to the driver who was not having valid and effective Driving License to drive the alleged vehicle as on the date of accident. Therefore, there is violation of the terms of the policy and therefore it is not liable to pay compensation.