H R MURGESH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed by the claimant assailing the order in MVC.No.524/2012 contending that the finding of the Tribunal that 50% of the negligence could be attributed to the claimant, was illegal and that there has to be an enhancement of compensation awarded by the Tribunal.

(2.) The parties are referred to as per their ranking before the Tribunal for the purpose of convenience.

(3.) The case of the claimant is that on 23.6.2011 while he was riding the motor cycle bearing registration No.KA-16/U-3496 proceeding in front of Erajjanahatti Gate on NH-13, Holalkere Road of Chitradurga, a bus bearing Registration No.KA-16/A-9927 being driven in a rash and negligent manner by its driver coming from Chitradurga side dashed the petitioner's bike at the hind portion. As a result of the said accident, the petitioner states that he suffered grievous injuries and that he had spent considerable amount on medical treatment and accordingly, has filed the claim petition before the Tribunal.