GOPAL Vs. MANAGER, RELIANCE INSURANCE CO. LTD.

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in MVC No. 1635/2012 dated 24th April, 2013 passed by the Additional Motor Accident Claims Tribunal, Hassan (hereinafter referred to as "the Tribunal" for short) filed this appeal seeking enhancement of compensation.

(2.) The claimant filed a claim petition contending that on 20th May, 2012 at about 5.30 p.m., while he was proceeding in a motorcycle bearing Registration No. KA-09/EC-1196 towards Srirangapatna, near Pashchimavahini River Tank bed, a bus bearing Registration No. KL-05/ U-1890 driven by its driver in a rash and negligent manner came in a high speed and dashed against the motorcycle of the claimant. Due to the impact, the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to K.R.Hospital, Mysore, thereafter he took treatment as inpatient in the Government Hospital at Hassan. However, as per the advice of the doctor, he took treatment at Wen-lock hospital at Mangalore as inpatient for a period of 30 days. During the course of treatment, initially his right leg was amputated below the knee, subsequently, his right leg was amputated above the knee. At the time of accident, he was aged about 25 years, doing agricultural work and earning a sum of Rs. 10,000.00 p.m. He claims that he has spent more than Rs. 2,00,000.00 towards his treatment. Due to the negligence on the part of driver of the offending bus, which was insured with the second respondent-Insurance Company, the accident occurred. Hence, both the respondents are jointly and severally liable to compensate the claimant to an extent of Rs. 20,00,000.00.

(3.) In response to the notice issued by the Tribunal, though the owner of the bus was served with notice, he remained unrepresented. The Insurance Company defended the case by filing the written statement and contended that due to the negligence on the part of the claimant himself, the accident occurred. The rider of the motorcycle as well as the driver of the offending bus were not having valid and effective driving license as on the date of accident. The compensation claimed is exorbitant and hence, sought for dismissal of the claim petition.