RAHAMATULLA BAIG Vs. K. HARISH

JUDGEMENT

(1.) The appellant being the claimant in this appeal is before this Court, not being satisfied with the quantum of compensation awarded under the impugned judgment and decree dated 01.03.2014 in MVC No.2414/2011 on the file of the Small Causes Court, Bengaluru City and MACT, Bengaluru (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained in a road traffic accident. It is stated that on 04.04.2011, while the claimant was selling utensils in front of K.V.Memorial Hall, a car bearing registration No. KA-03/C-8164 came in a rash and negligent manner and dashed against him, due to which, he sustained grievous injuries. Initially, he took treatment at Ananya Hospital and thereafter he was shifted to Bowring Hospital, Bengaluru, wherein he took treatment as inpatient for a period of 15 days.

(3.) Upon issuance of notice, respondent No.2/Insurance Company appeared before the Tribunal and filed its written statement denying the claim petition averments. Further it was contended that the accident occurred due to the carelessness and negligence on the part of the claimant himself. Further, it was contended that the driver of the offending vehicle did not possess valid and effective driving license to drive the vehicle.