CHANDRASHEKAR Vs. LOHITH

JUDGEMENT

(1.) The claimant is in appeal under Section 173(1) of the Motor Vehicle Act, seeking enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 14.08.2018 in MVC No.490/2013 on the file of the Motor Accident Claims Tribunal & Ist Additional Senior Civil Judge, Mangaluru.

(2.) The claimant filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation for the accidental injuries sustained by him in a road traffic accident occurred on 28-11-2012. It is stated that on 28.11.2012, the claimant was proceeding in his Motor Cycle bearing Reg.No.KA-21/L-9830, Jeep bearing Reg.No.KA-19/M-7845 came from opposite direction in a rash and negligent manner and dashed against the Motor Cycle of the claimant. Due to which, the claimant sustained grievous injuries. It is further stated that the claimant was working as Cable Operator and was aged about 29 years, earning Rs.9,000/- per month with batta of Rs.100/- per day. The claimant states that he was an inpatient from 28.11.2012 to 06.12.2012.

(3.) Respondent No.2 filed the written statement stating that the compensation claimed is exorbitant and further denied that there is negligence on the part of Jeep driver in the alleged accident. It is further contended that there is contributory negligence on the part of claimant who drove the motorcycle in a rash and negligent manner and dashed against the Jeep. It is also contended that the Jeep driver was not holding a valid and effective driving license as on the date of accident.