SATHYANARAYANAREDDY Vs. ORIENTAL INSURANCE CO LTD

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 Civil Judge (Sr.Dn.), Challakere, (hereinafter for brevity referred to as 'The Tribunal', for short), by judgment and award dated 08.06.2010, passed in MVC No.136/2007.

(2.) The summary of the case of the claimant in the Tribunal is that on 6.5.2006, while he was travelling as a passenger in a bus bearing registration No.KA-16-B-7999 from Kasavarahatti to Pillalapalli village and while the bus was going near Duggavara on Obalapura Road, due to the rash and negligent driving of the said bus by its driver, who lost the control of his driving, it rammed to a road side tree resulting in road traffic accident. Due to the said accident, he sustained simple and grievous injuries on various parts of his body, including the fractures. He was treated as inpatient in Bapuji Hospital, Davanagere, for more than ten days and has spent a sum of Rs. 2 lakhs for medical expenses. Stating that at the time of accident, he was an agriculturist earning Rs. 6,000/- per month and due to the injuries sustained by him, he has been totally disabled to do any avocation and earn his livelihood, the appellant has prayed for a total compensation of a sum of Rs. 4 lakhs payable by the respondent Nos.1 and 2 respectively in their capacity as owner and insurer of the alleged offending vehicle respectively.

(3.) Before the Tribunal, the claimant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-33. On behalf of the respondent-Insurance Company, one Sri V.Somashekar, its officer, was examined as RW-1 and documents at Exs.R-1 and R-2 were marked.