GANESH Vs. PREM RAMESH KOTIAN

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 06.02.2018 passed by the Additional Motor Accident Claims Tribunal and II Addl. Senior Civil Judge, Udupi in MVC No.159/2016, whereby the Tribunal has awarded a compensation of Rs. 1,76,477.00 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 28.08.2015 at about 8.30 hours, claimant was riding a motor cycle bearing No.KA-20/EG-6368 towards Manipal side. When he reached near Gujjadi Towers, Kadiyali, Shivalli, Udupi, at that time, one bus bearing No.KA-20/B-8133, came from hind side, driven by its driver in a rash and negligent manner dashed the claimant from behind. Due to the said impact claimant sustained grievous injuries. He was immediately shifted to Gandhi Hospital, Udupi wherein he was inpatient for two days. Immediately after recovering from the injuries, he has filed a claim petition before the MACT, Udupi in MVC No.159/2016.

(3.) To establish his case, claimant examined himself as PW1 and examined Dr.Harish R.Nayak as PW2 and got marked 12 documents. On the other hand, on behalf of the Insurance Company no witnesses were examined but copy of insurance policy was marked as Ex.R1. On appreciation of the oral and documentary evidence, the Tribunal has granted a compensation of Rs. 1,76,477.00 with interest at 9% p.a. Being not satisfied with the quantum of compensation claimant has filed this appeal.