PRABHU GOWDA V D Vs. SUNIL GILBERT

JUDGEMENT

(1.) The claimant is before this Court in this appeal, not being satisfied with the quantum of compensation awarded under judgment and award dated 14.07.2010 in MVC No.455/2007 on the file of the Fast Track Court and Motor Accident Claims Tribunal, Chikmagalur (hereinafter referred to as 'the Tribunal' for short)

(2.) The claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries suffered in a road traffic accident. It is stated that on 02.01.2007, while the claimant was proceeding from Chikmagalur to Hiremagalur, rider of the motorcycle bearing registration No.KA-18/L-2244 dashed against the petitioner, due to which, he sustained injuries. The claimant states that he has sustained lacerated wound over occipital region, extra dural haematoma in right temporal region with diffusal cerebral edema, linear fracture of right temporal region. Immediately he was shifted to MG Hospital, Chikmagalur and thereafter to NIMHANS at Bangalore wherein he took treatment for two days, he was brought back to MG hospital at Chikmagalur wherein he was treated as an inpatient from 4.1.2007 to 13.01.2007 and thereafter he took treatment at Mangala Hospital at Hassan as an inpatient from 13.01.2007 to 23.01.2007. It is the claim of the claimant that he has spent more than Rs.2,00,000/- towards medical expenses, he is a Government School Teacher getting salary of more than Rs.15,000/- p.m.

(3.) Respondent No.2/Insurance Company filed objections denying the petition averments, but admitted the policy in respect of the motor cycle in question. It was also contended that the rider of the motor cycle did not possess valid and effective driving licence as on the date of accident.