B. MURALIDHARA Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment and award dated 05.01.2017 passed by Senior Civil Judge and Additional MACT, Sira (the 'Tribunal' for short) in M.V.C. No.1349/2015.

(2.) Brief facts of the case are that, on 06.11.2015 at about 9.30 p.m., when the appellant was returning to his village Pattanayakanahalli from Sira in motor cycle bearing registration No.KA-06-EN- 6544 on the left side of Sira Pattanayakanahalli Road and when he reached Ojagunte, the rider of Hero Deluxe Motor Cycle bearing registration No.KA-06-EM- 7551 rode the same in a rash and negligent manner and dashed to the appellant's motor cycle. Due to this, the appellant fell down and sustained grievous injuries all over the body. Immediately, the injured appellant was shifted to Government Hospital, Sira for initial treatment and by the advice of the Doctor, the appellant was shifted to NIMHANS at Bengaluru and took treatment for head injuries. Thereafter, once again by the advice of the Doctor, the appellant was shifted to Fortis Hospital, Bengaluru and admitted as an inpatient from 07.11.2015 to 20.11.2015 and underwent 9 operations. After recovering from the injuries, the claimant has filed a claim petition in M.V.C.No.1349/2015 before the Tribunal.

(3.) In order to establish his case, the appellant examined himself as PW-1 and got marked 18 documents at Ex-P1 to Ex-P18. The appellant also examined Sri A. Mahesha, Doctor through the Court Commissioner as CW-1 and got marked the documents at Ex-C1 to Ex-C4. On the other hand, the Insurance Company has neither examined any witness nor produced any documents in support of their case. After appreciation of oral and documentary evidence on record, the Tribunal has awarded a total compensation of Rs.9,44,000/- with interest at 9% per annum. Being aggrieved by the same, the claimant has preferred this appeal seeking enhancement of compensation.