RAJU Vs. AYYANAGOUDA

JUDGEMENT

(1.) The injured claimant is before this Court for enhancement of compensation against the judgment and award dated 31.3.2016 made in MVC No.215/2013, on the file of the Senior Civil Judge and MACT, Gangavati (for short, 'the Tribunal ') awarding a total compensation of Rs. 3,13,770/- with interest at the rate of 6% p.a. from the date of petition till realization.

(2.) It is the case of the claimant that on 08.12012 at about 11.30 p.m., when he was standing at agricultural land situated near Uooramma Temple at Anegundi to attend nature call , at that time, a tractor bearing registration No.KA-37/M-5475 attached with harvesting machine bearing registration No.KA-37/M-5476 being driven by the 1s t respondent came in a high speed and in a rash and negligent manner, dashed against the claimant. Due to the said accident, the claimant sustained grievous injuries.

(3.) It is further contended that the claimant has spent about Rs. 2,00,000/- for his medical treatment for the injuries sustained by him. He was hale and healthy and was doing Mason work and was earning a sum of Rs. 9,000/- per month. Due to the accident, he has become permanent disabled and his family put to irreparable loss. Respondent No.1 being driver, respondent No.2 being owner of the offending vehicle and respondent No.3 being insurance company are liable to pay compensation. Therefore, he sought for compensation of Rs. 21,37,300/-.