DIVISIONAL MANAGER Vs. KAREPPA SHANKER PUJERI

JUDGEMENT

(1.) Appellant herein was the second respondent in M.V.C.No.3116/2007 before the I Additional Senior Civil Judge and Motor Accident Claims Tribunal, Belgaum at Belgaum (hereinafter referred to as 'the Tribunal' for the sake of brevity). By judgment and award dated 13.07.2011, the Tribunal has granted compensation of Rs.12,51,000/- with interest at the rate of 9% per annum to the claimant by directing respondent No.2 to satisfy the award. Against the said award, respondent No.2 has preferred this appeal questioning the liability and quantum of compensation.

(2.) For the sake of convenience, the parties are referred to, in terms of their status before the Tribunal.

(3.) Briefly stated the facts are that, on 30.07.2007 at 21.30 hours, the petitioner was coming from Raibag Court to his native Alaknur village and on the way he was standing and talking with his friend. At that time the rider of the motorcycle bearing No.KA.23/U-7053 came in a rash and negligent manner with high speed and dashed to the petitioner resulting in causing grievous injuries. The Injured was shifted to a hospital, at Miraj thereafter he was shifted to KLE Hospital at Belgaum. He took treatment by spending huge sums of money. The petitioner has contended that he was an advocate by profession and earning Rs.45,000/- per month. But on account of injury, he is not in a position to do his profession and thereby he suffered mentally, physically and financially. The accident was occurred due to rash and negligent riding of the rider of the motorcycle in question. Hence, petitioner filed claim petition seeking compensation from respondent Nos.1 and 2 and they are jointly and severally liable to pay compensation.