MOHAMMED RAHIL Vs. SUKUMAR ALVALABIC

JUDGEMENT

(1.) This appeal is under Section 173(1) of the Motor Vehicles Act, 1988 by the appellant, who was the claimant in MVC No. 341 of 2013 on the file of the I Addl. Senior Civil Judge and Motor Accident Claims Tribunal-VI, Mangaluru, D.K., seeking enhancement in the compensation awarded by the judgment and award dated 13.03.2015.

(2.) A summation of the essential facts is as follows: the appellant, a minor, suffered injuries in a road accident on 8.12.2012. The appellant was standing on the left hand side of the Belthangady Road, (near Hosangady), near Gopalakrishna Temple, when a bus, bearing registration No.KA-19/D-4695, coming on the wrong side of the road dashed against the appellant. The appellant on the impact was flung over a distance. The appellant sustained fracture and de-gloving injuries on his limbs. The appellant was rushed to M/s Alvas Hospital at Mudabidire, where he was administered first aid. Later, he was shifted to the Tejaswini Hospital, Mangaluru, for further treatment. The appellant was an inpatient at this Hospital between 8.12.2012 and 28.12.2012. The appellant underwent surgery at the Hospital during this period. His left foot great toe and second toe were amputated, and he also underwent skin grafting for the de-gloving injuries.

(3.) The appellant, represented by his natural guardian and father, filed a Claim Petition in MVC No.341 of 2013 on the file of the I Addl. Senior Civil Judge and Motor Accident Claims Tribunal - VI, Mangaluru (for short, the 'learned Tribunal'). The owner of the offending bus bearing registration No.KA-19/D- 4695 remained ex-parte. But, the Insurer of the offending bus (the respondent No.2) entered appearance. The Insurance Company - respondent No.2 denied the accident, the injuries suffered by the appellant, and disputed the amount claimed as compensation. Insofar as the liability, the respondent No.2 contended that its liability would be subject to the terms and conditions of the policy.