N M NAGARAJU Vs. KIRAN KUMAR

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the claimant challenging the judgment and award dated 05.10.2009 passed in MVC No.110/2008 on the file of the Civil Judge (Sr.Dn.) & Additional CJM and MACT, Arasikere questioning the quantum of compensation and fastening the liability.

(2.) Brief facts of the case are: The claimant has filed the claim petition before the Tribunal under Section 166 of Motor Vehicles Act, 1989, contending that on 28.11.2007 at 1.00 p.m. he was proceeding in an Auto-Rickshaw bearing No. KA 17-A-4091 and the driver of auto rickshaw has driven the same in rash and negligent manner and as a result, auto rickshaw has turtled and he has sustained multiple fractures and immediately after the accident the appellant/claimant was taken to the City Medical Centre, Davanagere and thereafter, he was shifted to Kasturba Hospital, Manipal and he has spent Rs. 3,50,000/- towards his medical expenses and he was earning Rs. 15,000/- per month by running a tea stall and also having agricultural properties and due to the injuries, he has sustained permanent disability of 20% to the whole body and hence, he has prayed for awarding a compensation of Rs. 13,20,000/- before the Tribunal.

(3.) The insurance company appeared and contested the matter by denying the contentions of the claimant and further contended that driver was not having a valid and effective license to drive the transport vehicle and contends that no liability can be fastened on the insurance company. The claimant in order to substantiate his claim before the Tribunal, has examined himself as P.W.1 and got marked 12 documents as Exs.P-1 to P-12 and also examined the doctor as P.W.2 and got marked 3 documents as Exs.P13 to P-16. On the other hand, respondent examined one witness as R.W.1 and got marked 2 documents as Exs.R-1 and R-2.