R DEEPAK Vs. K NARASIMHAMURTHY

JUDGEMENT

(1.) The claimant/injured is before this Court aggrieved by saddling the liability on respondent No.1 and not being satisfied with the quantum of compensation awarded under the judgment and award dated 28.11.2011 in MVC No.7716/2010 on the file of the Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries sustained by him in the road traffic accident. It is stated in the claim petition that, on 23.03.2010, when the claimant along with his friend was traveling in a Maruthi Van bearing registration No.KA-02/AA-5262, a private bus bearing registration No.KA-01/D-603 came in a rash and negligent manner and dashed against the Maruthi Van. Due to which, the claimant sustained injuries. Immediately after the accident, he was shifted to Raja Rajeswari Medical College and Hospital wherein he took treatment as inpatient for more than 10 days, subsequently he was shifted to St.Philomina Hospital. The claimant was an employee of Gajanana Fruit Juice Center and was earning a sum of Rs.15,000/- p.m. He was aged about 29 years as on the date of accident. Hence, prayed for compensation of Rs.12,00,000/- with interest from the date of accident till the date of payment.

(3.) The second respondent/Insurance Company filed written statement contending that the petition suffers from mis-joinder of necessary parties. Further it is contended that liability if any is subject to terms and conditions of the insurance policy. It is also contended that there is no valid permit or fitness certificate in respect of the offending bus.