SYED ZAKIR Vs. C JAYARAM

JUDGEMENT

(1.) The claimant has filed this appeal challenging the judgment and award dated 29.03.2014 passed by the IV Addl.District Judge and Motor Accidents Claims Tribunal IV, Mysore, in MVC No.780/2012 whereby the Tribunal has granted compensation of Rs.1,07,540.00 with interest @ 6% p.a.

(2.) Brief facts of the case are that on 16.10.2011 at about 3.30 p.m. the petitioner was returning from Bangalore in Ape Auto bearing Regn.No.KA-09-B-4672 with goods and auto was parked near Gouripura, beside CDS Canal, S.R.Patna and petitioner was checking the oil of the auto, at that time, the driver of lorry bearing Reg.No.KA-05-AA-6573 drove the same in rash and negligent manner with high speed and dashed the lorry against the auto bearing No.KA- 09-B-4672. As a result of which, the said auto dashed against a vehicle bearing Regn.No.KA-53-9359. Due to the said accident, petitioner sustained severe injuries. He was shifted to K.R.Hospital, Mysore for treatment and he took treatment there for long time. After recovering from the injury the claimant filed the claim petition before the MACT in MVC No.780/2012.

(3.) In order to establish his case, the appellant examined himself as PW.1 and he has examined Dr.Jagadeesh as PW.2 and Dr.Kiran Kalaiah as PW.3 and marked 18 documents. On other hand, the insurance company neither examined any witness nor marked any documents. On appreciation of oral and documentary evidence, the Tribunal granted compensation of Rs.1,07,540.00 with interest @ 6% p.a. Being aggrieved by the same, the appellant has filed this appeal for enhancement of compensation.