N T RUDRAMUNI Vs. MAHANTESH THIPPESWAMY

JUDGEMENT

(1.) Appellant is the claimant being not satisfied with the quantum of compensation awarded in the judgment and award dated 28-2-2009 made in MVC No. 75/2008 passed by the Additional Motor Accident Claims Tribunal, Chitradurga (for short hereinafter referred to as "the Tribunal"), has filed this appeal seeking for enhancement of compensation.

(2.) The appellant filed the claim petition contending that on 10-11-2007, while he was proceeding as a pedestrain on Old Age Persons Ashram road at about 10.00 a.m., a motor cycle bearing Registration No. KA-16-Q-9379 ridden by its rider came in a rash and negligent manner and dashed against the claimant. Due to that, he fell down and sustained injuries to all over the body. Immediately after the accident, he was shifted to District hospital, Chitradurga. Thereafter, he was shifted to Apporva hospital, Davanagere. In the accident, he has sustained the fracture of the tibia and fibula of right leg and injury to the right ankle and other injuries to the body. He has spent huge money for the treatment. Prior to the accident, he was working as a Flower Vendor and earning a sum of Rs. 5,000/- p.m. Due to rash and negligent ridding of the motor cycle, accident occurred which was insured with the 2nd respondent. Both the respondent Nos. 1 and 2 are liable to compensate to an extent of Rs. 4,00,000/-.

(3.) Insurance company defend the case by filing the written statement.