HANEEFA Vs. SUMANGALA K. BHAT AND OTHERS

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award, dated 1-3-2011 made in MVC No. 595/2008 passed by the Motor Accident Claims Tribunal, Puttur, D. K. (hereinafter referred to as "the Tribunal" for short) has filed this appeal seeking enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 23-10-2006 while he was proceeding in a motorcycle bearing Registration No. KA-21/J-4477 as a pillion rider from Narimogru towards Puttur, near Kemminje village, a Maruthi Omni Car bearing Registration No. KA-19/M-4265 driven by its driver in a rash and negligent manner dashed against the motorcycle from the wrong side. Due to the impact, the rider as well as the pillion rider fell down and sustained grievous injuries all over the body. Immediately after the accident, the Pillion rider was shifted to Highland Hospital, Mangalore wherein he had taken treatment for several days. He has undergone surgery and also taken follow up treatment for several times. In the claim petition, it was contended that prior to the accident, he was working as a fruit seller in a shop and getting income of Rs. 5,250.00 p.m. In view of the injuries he has sustained in the accident, he cannot do the work which he was doing prior to the accident and hence sought for compensation of Rs. 5,00,000.00.

(3.) In response to the notice issued by the Tribunal, the first respondent filed written statement denying the entire averments made in the claim petition and also contended that due to the rash and negligent riding of the motorcycle the accident had occurred. As on the date of accident, the insurance policy was in force and the driver of the offending car was having valid and effective driving license. Hence, the insurance company is liable to compensate the claimant.