G KRISHNAPPA Vs. K RAMUDUA

JUDGEMENT

(1.) The appellant/claimant is before this Court not being satisfied with the quantum of compensation awarded under the judgment and award dated 13.03.2012 passed in MVC No.874/2011 on the file of District and Sessions Court, Fast Track Court-II and MACT, Shimoga.

(2.) The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered by him in a Road Traffic Accident that occurred on 16.10.2004. It is stated that on 16.10.2004 when the claimant along with his daughter was standing in front of Venkateshwara Provision Store, Lashkar Mohalla, Shivamogga, a lorry bearing No.AP-04/T-5725 came in a rash, negligent manner and dashed against the standing vehicles there and thereafter hit the claimant and his daughter. Due to the impact the claimant sustained grievous injuries on his head, eyebrow and other parts of the body. It is stated that he was admitted to St.John's Hospital as inpatient from 17.10.2004 to 07.11.2004. The claimant was working as a coolie and earning Rs.3,000/- per month.

(3.) On issuance of summons, the 3rd respondent - Insurance Company appeared before the Tribunal and filed its objection denying the petition averments. Further it is contended that the accident took place due to the negligence of the claimant and further it was contented that the accident had not taken place on the said date.