SATHISHA Vs. ARUN KUMAR AND OTHERS

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 31-5-2012, made in MVC No. 1020/2011 passed by the MACT, Shivamogga, (for short hereinafter referred to as ' the Tribunal- ), filed this appeal seeking for enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 8-4-2009, while he was proceeding in a motorcycle bearing registration No. KA-14/7987 as a pillion rider which was ridden by the 3rd respondent on Thirthahalli-Shivamogga Road near Kushavathi Bridge, a Maruti Wagon R car bearing registration No. KA-51-M-2660 driven by its driver in a rash and negligent manner with a high speed, dashed against the motorcycle. Due to the impact, the driver as well as the pillion rider fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shited to J.C. Hospital, Shivarnogga. After the first air treatment, he was shifted to KMC Hospital, Manipal, wherein he took treatment as an inpatient for a period of 16 days. He claimed that at the time of the accident, he was aged about 34 years, working as a coolie and earning Rs. 6,000/- per month. In view of the injury sustained, he has become physically disabled to do the work which he was doing prior to the accident. The said Maruti Wagon R car was owned by the 1st respondent and insured with the 2nd respondent. Hence, both the respondents are liable to compensate the claimant to an extent of Rs. 6 Lakhs.

(3.) The Insurance companies defended the case by filing written statement and contended that due to rash and negligent driving of the Maruti Wagon R. car, the accident occurred. The driver of the car was not having valid and effective driving license. Hence, sought for dismissal of the claim petition as against respondent Nos. 2 and 4.