MALLESHAPPA @ MALLESHAPPA K R Vs. B C SATHISHLABIC

JUDGEMENT

(1.) The claimant has filed this Miscellaneous First Appeal, challenging the Judgment and Award dated 13.10.2009 passed in M.V.C. No.413/2008 on the file of the Principal Civil Judge [Sr. Dn.], MACT-IV, Danvanagere, questioning the quantum of compensation and also fastening the liability on the insured.

(2.) The claimant in the claim petition before the Tribunal contends that the accident occurred on 30.01.2008. After completing his painting work at B.Chittanahalli, with an intention of returning to Davanagere he was standing near the bus stop of Chittanahalli at about 6.30 p.m. and at that time, respondent No.1 being the driver of TATA Indica car bearing reg. No14/B-3366 by driving in rash and negligent manner dashed against the petitioner and due to the impact, he sustained fracture over his left wrist and also sustained grievous injuries all over the body. It is also his contention that he was earning Rs.12,000/- p.m. and now he is unable to work due to the disability.

(3.) Being aggrieved by the said Judgment and Award, the claimant has preferred this Miscellaneous First Appeal, contending that the Tribunal has committed an error in fastening the liability on the insured instead of respondent No.2-Insurance Company and the compensation awarded on all the heads are very meagre and it requires interference by this Court and the Judgment and Award needs to be modified by fastening the liability on the insurer by enhancing the compensation.