GIRIDHAR, Vs. SRINATH R.M.

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for both parties, the matter is taken up for final disposal.

(2.) This appeal is preferred by the appellant - claimant challenging the impugned judgment and award dated 26.09.2014, passed in MVC No.1481/2012 by the XXII Additional Small Causes Judge and Member, MACT, Bengaluru, awarding compensation in a sum of Rs.76,919/- . In the operative portion of the impugned judgment and award, the tribunal has ordered that the claimant - appellant would be entitled to the interest at 6% p.a. The compensation awarded by the tribunal is found to be inadequate and also on the lower side, the appellant herein has filed the present appeal. Therefore, the intervention of this Court is required in this appeal by re-appreciating the entire evidence on record and seeking enhancement of compensation by awarding suitable compensation.

(3.) The factual matrix of the appeal is as under: It is evident in the claim petition that on 17.01.2012, at about 12.20 p.m., when the claimant said to be the injured was riding his motor cycle bearing registration No.KA-04-EG-2499 on Mysore Road from East to West in order to reach his residence, while he was proceeding in front of Feather Light Company, a goods autorickshaw bearing registration No.KA-02-AB-1674, which is the offending vehicle drove in a rash and negligent manner and hit the motorcycle from behind. Due to the impact, the claimant fell down along with the motorcycle. As a result of which, the claimant sustained fracture of left clavicle bone, fracture of 3rd, 4th and 5th left ribs and also other bleeding injuries all over the body. Hence, the claimant filed a complaint before the Byatarayanapura Traffic Police and the case came to be registered in Crime No.21/2012 against the driver of the offending vehicle, wherein, it is stated that respondent No.1 is the owner and respondent No.2 being the insurer of the aforesaid offending vehicle - goods autorickshaw which involved in the accident. Thereafter, the appellant - claimant filed a claim petition before the tribunal seeking compensation from the respondents.