CHANDRACHARI SHARANACHARI Vs. NATIONAL INS CO LTD

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 6-9-2012 made in MVC No.254/2011 passed by the Motor Accident Claims Tribunal-V, Chitradurga (hereinafter referred to as ' the Tribunal' for short) filed this appeal seeking enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 6-4-2011, while he was proceeding from Chitradurga towards Bagenahal as a pillion rider in a motorcycle bearing Registration No.KA-51/J-9197 ridden by one Krishnachary, when they reached near Harsha Farm, Belagatta village, the driver of the bus bearing Registration No.KA-16/B-3969 drove the same in a rash and negligent manner and dashed against the motorcycle. Due to the impact, rider as well as the pillion rider sustained grievous injuries all over the body. Immediately after the accident, the claimant was shifted to District Hospital, Chitradurga. Subsequently, he was shifted to Apoorva Hospital at Davanagere, wherein he took treatment as inpatient for a period of one month and has undergone surgery, he has spent more than Rs.1,00,000/- towards his treatment. Prior to the accident, he was doing carpentry and blacksmith work, earning Rs.10,000/- p.m. In view of the injuries sustained he has become permanently disabled to do the work which he was doing prior to the accident. The accident occurred due to the rash and negligent driving of the bus which was insured with second respondent-insurance company and hence, both the respondent Nos. 1 and 2 are liable to compensate the claimant to the tune of Rs.8,00,000/-.

(3.) In response to the notice issued by the Tribunal, the respondents entered appearance. The second respondent filed written statement denying the averments made in the claim petition. Further alleged that the driver of the bus did not possess the valid and effective driving license as on the date of accident, the DL, FC, and RC have not been produced. Hence, the insurance company is not liable to compensate the claimant.