MOTAPPA Vs. MOHUMED JAMASHEED KHAN

JUDGEMENT

(1.) Appellant is the claimant. Being not satisfied with the quantum of compensation awarded in judgment and award, dated 19th March, 2012 passed in MVC No. 9291/2009 by the Motor Accident Claims Tribunal, Bangalore (for short 'Tribunal'), he has filed this appeal seeking for enhancement of compensation.

(2.) Appellant filed a claim petition contending that on 6-11-2009 at about 130 p.m. while he was proceeding on a TVS XL motorcycle bearing Registration No. KA-01/W 2618 towards Chintamani to Hosakote, the driver of the Maruti Omni car bearing Registration No. KA-40/M 0328 drove the same in a rash and negligent manner and dashed against the motorcycle of the claimant. Due to that, he fell down and sustained grievous injuries to all over the body. Immediately after the accident, he was shifted to Bowring and Lady Curzon Hospital, Bangalore and thereafter to Sathyasai Lake Side Hospital, Bangalore. In the claim petition, it was contended that at the time of accident, he was aged about 48 years and earning Rs. 10,000.00 per month by doing vegetable business. In view of the injuries sustained, he has become permanently disabled to do the work, which he was doing prior to the accident. Hence, he sought for compensation of Rs. 7,00,000.00.

(3.) In response to the notice issued by the Tribunal, the respondents entered appearance and filed written statements.