H B MANJUNATHA Vs. RAJ KUMAR AND ANOTHER

JUDGEMENT

(1.) This appeal by the claimant lays a challenge to the judgment and award dated 02.11.2009 made by the MACT, Mysore allowing M.V.C. No. 2016/2008 whereby a compensation of Rs.4,90,683/- with interest at the rate of 8% per annum subject to a usual condition of bank deposit, has been awarded. The challenge is on the ground of inadequacy of compensation.

(2.) The brief facts stated are: in a vehicular accident that happened on 04.11.2007 because of rash and negligent driving of the offending vehicle bearing Registration No. KA 04 MC 8418, the claimant sustained multiple injuries some of them being grievous. His claim petition in M.V.C.No.2016/2008 was stoutly resisted by the insurer by filing Written Statement.

(3.) To prove the claim, the claimant was examined as PW-1; Dr. Prasanna, who had treated the injuries of the claimant was examined as PW-3 and one Sri. Kodlu Ramakrishna under whom the claimant was working as Assistant Director of a feature film was examined as PW-2. In their evidence, twenty one documents came to be marked as per Exhibits P1 to P21, which amongst other, comprised of medical records and police papers. From the side of insurer, one Sri. M. S. Beig, its official, was examined as RW1 and in his evidence, a copy of insurance policy came to be marked as per Ex.R1.