MUBHARAK PASHA Vs. MUNIRAJ AND ANOTHER

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 12-10-2012 made in MVC No. 618/2011 passed by the XII Additional Small Causes Judge and Member, MACT, Bangalore (herein after referred to as 'the Tribunal' for short), has filed this appeal seeking for enhancement of compensation.

(2.) The appellant filed the claim petition contending that on 13-11-2010, at about 6.30 p.m. while he was walking on the left side of Doddanna Nagara Main Road, near B. P. Provision Stores, a Mini Lorry bearing registration No. KA-20-6594 driven by its driver in a rash and negligent manner dashed against the claimant from the back side and due to the impact, he fell down and sustained injuries. At the time of the accident, he was aged about 22 years and working as car painter, earning Rs. 10,500/- per month. In view of the injury, he suffered permanent physical disability and thereby lost his earning capacity. As on the date of the accident, the Mini Lorry was insured with respondent No. Hence, both respondent Nos. 1 and 2 are liable to compensate the claimant. Therefore, the claimant sought for compensation of Rs. 7,00,000/-.

(3.) In response to the notice issued by the Tribunal, though the owner of the offending vehicle was served with notice, he remained unrepresented. Insurance Company filed written statements denying the case of the claimant.