RAMESH S S/O SIDDEGANGAIAH Vs. KODANDARAMAIAH

JUDGEMENT

(1.) This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City, (SCCH-10), (hereinafter for brevity referred to as 'The Tribunal', for short), by judgment and award dated 02.05.2012, passed in MVC No.1965/2011.

(2.) The summary of the case of the claimant in the Tribunal is that on 20.01.2009, at about 2-00 p.m, he had parked his motorcycle bearing registration No.KA-43-E-8981 behind the stationed Lorry on Magadi Main Road at Janapriya Enclave Apartment, Sunkadakatte. At that time, all of a sudden, a driver of Autorickshaw bearing registration No.KA-04-A-3755 came from behind in a rash and negligent manner and dashed against him and to his motorcycle, causing a road traffic accident. Due to the said accident, he (claimant) sustained grievous injuries and was shifted to St. Martha's Hospital, Bengaluru, wherein, he undertook treatment as an inpatient from 20.01.2009 to 29.01.2009. He sustained fractured injuries to the shaft of right tibia and lacerated wound and simple injuries to different parts of the body. Stating that he has suffered a lot due to the accident, claimant has claimed a compensation of Rs. 10,00,000/- from respondent Nos.1 and 2 holding them as jointly and severally liable to pay him in the capacity of owner and insurer of the alleged offending Autorickshaw.

(3.) After analysing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them: <TAB><FRM>JUDGEMENT_146_LAWS(KAR)4_2019_1.html</FRM> </TAB>