SANNAPPA Vs. G. RAVISHA. MAJOR

JUDGEMENT

(1.) The claimant has filed this appeal challenging the judgment and award dated 24.05.2010 passed by the Motor Accident Claims Tribunal, Arkalgud in MVC No.22/2009, whereby the Tribunal has awarded a compensation of Rs.2,19,640/- with interest at 6% p.a. from the date of petition till the date of deposit.

(2.) The brief facts of the case are that on 24.08.2008, the claimant along with his friends went to the temple in Maruthi Omni bearing registration No.KA-36/M-110. While they were returning to Kaduru on Arasikere - Banavara road, near Gavimata, at about 9.15 p.m. the driver of the Tata Indica car bearing registration No.KA-02/C-2626 came from the opposite direction in a rash and negligent manner and dashed against the vehicle in which claimant was traveling. As a result of the same claimant has suffered fracture of right femur bone, tibia and fibula and injuries on hands, forehead and other parts of the body. Immediately after recovering from the injuries, he has filed a claim petition before the MACT, Arakalgud in MVC No.22/2009.

(3.) To establish his case, claimant examined himself as PW1 and examined a doctor as PW2 and got marked 24 documents. On the other hand, on behalf of the Insurance Company neither the witnesses are examined nor documents are produced. On appreciation of the oral and documentary evidence, the Tribunal has granted a compensation of Rs.2,19,640/- with interest at 6% p.a. Being not satisfied with the quantum of compensation claimant has filed this appeal.