YASHAWANTH Vs. NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal though listed for admission, with the consent of the learned counsel for the parties, is taken up for final disposal.

(2.) This appeal is preferred by the claimant injured against the judgment and award dated 04.02.2014 passed by the Tribunal in MVC No.190/2010 seeking for enhancement of compensation, not being satisfied with the compensation awarded by the Tribunal.

(3.) The factual matrix of the appeal is as under: It is stated in the claim petition that on 2.4.2007 when the appellant was proceeding as a pillion rider on the motor cycle bearing Reg.No.KA-19/V-1821 from Surathkal to Katipalla and when they reached MRPL Bajpe Road, opposite Ovel Petrol Pump, Bala village at about 3.00 p.m. a tractor bearing Reg.No.KA-19/P-1725 which was proceeding ahead of the bike towards Katipalla side, without observing the rules and regulations suddenly turned towards the right side and dashed the said motor cycle. Due to the accident, the appellant sustained grievous injuries and was treated at hospital and incurred huge medical expenses. Prior to the accident, the appellant who was aged 23 years was working as a Supervisor under a Civil Contractor and was earning Rs.4,000/- per month. He could not do any work and earn any money and support his family due to the injuries suffered in the accident and hence preferred a claim petition before the Tribunal seeking compensation for the injuries.