Y D CHANDRU Vs. MUTTUSWAMY

JUDGEMENT

(1.) The claimant is before this Court in this appeal being dissatisfied with the compensation awarded under the judgment and award dated 13.10.2011 in MVC No.220/2009 on the file of the Principal Senior Judge and Motor Accident Claims Tribunal, Shivamogga (hereinafter referred to as 'the Tribunal' for short) seeking for enhancement of compensation.

(2.) The claimant/injured filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental injuries sustained in a road traffic accident occurred on 30.10.2008. It is the claim of the claimant that, on 30.10.2008, at about 8.45 p.m., while the claimant was proceeding from Bejjavalli to his village Yadavatti in his motor cycle bearing registration No.KA-14/V-4577, the first respondent rider of the motor cycle bearing registration No.KA-18/Q-3403 came in a rash and negligent manner and dashed against the motorcycle of the claimant. Due to the impact, the claimant sustained injuries. It is the case of the claimant that he is an agriculturist and he has spent nearly Rs.90,000/- towards medical expenses. Further, he submits that he has suffered 14% disability to a particular limb. Hence, sought for compensation.

(3.) Upon service of summons, the second respondentinsurer filed written statement stating that there was head-on collision between two vehicles and the accident occurred in the middle of the road. It is stated that due to the contributory negligence on the part of the claimant as well as respondent No.1, the accident occurred and prayed for dismissal of the claim petitions.