VENKATESH Vs. BASAVARAJA HANUMANTHAPPA

JUDGEMENT

(1.) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Additional Civil Judge (Sr. Dn.) and Member, AMACT, Ranebennur (hereinafter referred to as 'the Tribunal', for short), by its judgment and award dated 24.09.2009 in MVC No.215/2005.

(2.) In this memorandum of appeal the appellant/claimant who is minor and being represented by his mother and natural guardian has taken a contention :3: that the Tribunal erred in exonerating the Insurance Company from its liability without even appreciating the judgment of Hon'ble Supreme Court reported in AIR 2007 SC 2870. It further erred in awarding a meager compensation of Rs.40,000/- on account of injuries sustained by him. It did not appreciate the evidence of PW.2 in its proper perspective, who has stated that he (claimant) has sustained a disability of 30%. With this he has prayed for allowing the appeal by modifying the judgment and award under appeal.

(3.) On notice being issued, respondent No.2 Insurance Company is being represented through its counsel Sri. S C Jainar. Respondent No.1 is served and unrepresented. The records of Tribunal below were called for and the same are placed before me.