GIRISH NAIK @ GIRISH Vs. YALAVATTI HANUMANTHAPPA @ KOTEPPALABIC

JUDGEMENT

(1.) The injured - claimant in MVC No.212/2015 has filed this appeal seeking enhancement of compensation being dis-satisfied with the award of compensation of Rs.4,35,520/- rounded off to Rs.4,35,500/- with interest at 8% p.a. from the date of petition till realization vide judgment and award dated 30.8.2016 passed by the Principal Senior Civil Judge cum Motor Accident Claims Tribunal No.III, Ballari (hereinafter referred to as 'the Tribunal' for the sake of brevity.

(2.) For the sake of convenience, the parties herein shall be referred to, in terms of their status before the Tribunal.

(3.) The appellant claimant filed the claim petition Under Section 166 of the M.V. Act 1988 seeking compensation on account of injuries sustained by him in a road traffic accident that occurred on 24.11.2012. On the said date, the claimant, being rider along with his wife, who was claimant in MVC No.213/2015 being pillion rider, were proceeding in a motor vehicle bearing No.KA-14 S 1381 near Vijayakumar's field on Hadagali Rajwala Village Main Road. At that time, a tractor bearing registration No.KA-26 T-6219 being driven in a high speed and in rash and negligent manner, dashed against the motor cycle. As a result, both the rider as well as the pillion rider fell down and sustained injuries. Contending that the accident had occurred on account of negligence of the tractor trailer, they filed their separate claim petitions seeking compensation on various heads.