GOPALAIAH ALIAS GOPAL Vs. H.S. MANJUNATH

JUDGEMENT

(1.) Appellant is the claimant being not satisfied with the quantum of compensation awarded in the judgment and award dated 6-5-2010 made in MVC No. 8430/2008 passed by the Motor Accident Claims Tribunal, (hereinafter referred to as 'the tribunal for short), Bengaluru, filed this appeal seeking for enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 10-8-2008 at about 10:30 p.m., while he was waiting for the bus on the left side of the Sondekoppa circle on Bengaluru - Tumakuru highway, a Toyota Quails vehicle bearing registration No.KA-09-N-125 came from Nelamangala side towards Sondekoppa road in a rash and negligent manner with a high speed and dashed against the claimant. Due to the impact, he fell down and sustained injuries all over the body. Immediately after the accident, he was shifted to Harsha Hospital, Nelamangala, wherein, he took treatment as an inpatient for a period of 20 days. He has spent a sum of Rs. 1,70,000/- towards medical expenditure. Prior to the accident, he was working as a driver and earning a sum of Rs. 8,000/- per month. In view of the injuries he sustained in the accident, he became permanently disabled to do the work as he was doing earlier. Hence, he sought for compensation of Rs. 4,50,000/-.

(3.) In response to the notice issued by he tribunal, the insurance company entered appearance and defended the case by filing written statement.