MADHAWACHAR S/O VEERABRAHMAM Vs. BHAKSHI @ ALLABAKSHI

JUDGEMENT

(1.) This is a claimant appeal for enhancement against the judgment and award dtd. 14/3/2013 made in MVC No.67/2010 on the file of the MACT-Lingasugur sitting at Sindhanur, awarding the total compensation of Rs.5,13,000.00 with 6% interest from the date of the petition till realization.

(2.) It is the case of the claimants before the Tribunal that on 3/10/2009 at about 8.30 p.m the claimant and one Vasanthakumar who were coming from Bellary towards Araginmara Camp on motorcycle bearing registration No.KA-36/Q-2202 and he was riding the said motorcycle. When the vehicle was reached near Gangavathi-Raichur road at Sripuram Junction Bridge the respondent No.1 drove the vehicle bearing registration No.AP-21/X-4864 in a rash and negligent manner and dashed against the motorcycle of the claimant. As a result, the claimant sustained fracture of Olecranan, femur at junction of middle 1/3 and lower 1/3, fracture of both bone communicated right leg. He is not control over right leg and right hand and he is not in a position to walk few steps and he is completely bed ridden, it is affected his marriage prospects. The respondent No.1 is the driver, the respondent No.2 is owner and respondent No.3 is insurance company are liable to pay the compensation as prayed in the claim petition for a sum of Rs.28,19,200.00 to him.

(3.) The respondent Nos.1 and 2 placed ex-parte and respondent No.3-insurance company filed the written statement denying all the averments made in the petition and denied the treatment, age, income, medical expenses, permanent disability and contended that the compensation claimed by the petitioner is highly excessive and the alleged accident caused due to rash and negligent driving of motorcycle by the claimant and the driver of the offending vehicle did not posses valid and effective driving license as on the date of the accident. Therefore, sought for dismissal of the claim petition.