KEERTI Vs. MAHESH KUMAR

JUDGEMENT

(1.) The claimant is before this Court not being satisfied with the quantum of compensation awarded under the judgment and award dated 17.02.2011 in M.V.C.No.3782/2009 on the file of the MACT., Court of Small Causes, Bengaluru (hereafter referred to as 'the Tribunal').

(2.) Claimant filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation for the accidental injuries suffered in a road traffic accident. It is stated that on 28.03.2009, when the claimant was walking, rider of a motorcycle bearing registration No.KA-04-H-6118 came with high speed and in a rash and negligent manner and dashed to the claimant. As a result, he sustained grievous injuries. As on the date of the accident, he was aged 24 years and was earning Rs.10,000/- per month by doing agricultural work.

(3.) On issuance of notice, respondent No.2 - insurance company appeared before the Tribunal and filed their written statement denying the petition averments. It is further contended that the rider of the offending motorcycle was not possessing a valid and effective driving license as on the date of accident. It is further stated that the rider of the motorcycle had only learner's license and the first respondent violated Rule 3 of the Central Motor Vehicles Rules, 1989 but admitted the issuance of the policy.