SUNDARA NAIK Vs. HARISH NAIK

JUDGEMENT

(1.) The claimant has filed this appeal challenging the judgment and award dated 26.03.2018 passed by the Addl. Senior Civil Judge and Addl. MACT at Udupi ('Tribunal' for short), in MVC No.574/2016, whereby the Tribunal has awarded a compensation of Rs.2,42,400/- with interest at 9% p.a. from the date of petition till the date of deposit.

(2.) The brief facts of the case are that on 11.03.2016 at about 9.35 p.m. when claimant was travelling as a pillion rider in a motor cycle bearing registration No.KA- 20/EB-3723, ridden by respondent No.1 from Parkala Manibettu towards Perdoor village, in a rash and negligent manner and suddenly put the break. As a result of which the motor cycle skidded and claimant sustained injuries. Immediately he was taken to KMC hospital wherein he has taken treatment as inpatient for 8 days. Again he was admitted in the hospital for 4 days. Immediately after recovering from the injuries, he filed a claim petition before the Tribunal in MVC No.574/2016.

(3.) To establish his case, claimant examined himself as PW1 and examined a doctor as PW2 and got marked 12 documents as Exs. P1 to P12. On the other hand, on behalf of the Insurance Company, neither any witnesses were examined nor any documents got marked. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.2,42,400/- with interest at 9% p.a. Being not satisfied with the quantum of compensation, claimant has filed this appeal.