ARUN KUMAR D. Vs. SYED JAKIR

JUDGEMENT

(1.) The claimant is before this Court in this appeal not being satisfied with the quantum of compensation and also aggrieved by saddling of liability on respondent No.1- owner instead of 2nd respondent-insurer under judgment and award dated 10.8.2012 in MVC No.6344/2010 on the file of the Prl. MACT & Chief Judge, Court of Small Causes, Bangalore.

(2.) The claimant filed claim petition under Section 166 of M.V.Act claiming compensation for the accidental injuries sustained in a motor vehicle accident. It is stated that on 14.5.2010 when the claimant was proceeding on a Scooter bearing No.KA-03-K-3912, a mini lorry bearing Reg. No.KA-19-5429 came in a rash and negligent manner and dashed against the Scooter due to which the claimant sustained grievous injuries. Immediately he was shifted to Bowring Hospital and thereafter to Rajiv Gandhi Hospital and to Sanjay Gandhi Hospital and later to St. Marthas Hospital. It is stated that the claimant was working as an Operator in a Casting Foundry getting salary of Rs.10,000/- per month.

(3.) On issuance of notice, the insurance company appeared and filed its objections denying the claim petition averments. It also denied the negligence attributed to the driver of the lorry, but admitted the issuance of policy. It is also contended that the driver of the lorry had no valid and effective driving licence.