BALARAJ Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The claimant is before this Court in this appeal, not being satisfied with the quantum of compensation awarded under the judgment and award dated 16.09.2013 passed in MVC No.411/2012 on the file of the Court of Small Causes, Bangalore City (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 accidental injuries suffered by him in a road traffic accident occurred on 14.12.2011. It is stated that on 14.12.2011, when the claimant was proceeding in his motorcycle bearing registration No. KA-06/Y-9307, another motorcycle bearing registration No.KA-40/K-9383 came in high speed and in rash and negligent manner and dashed against the motorcycle of the claimant. Due to the impact, he sustained grievous injuries. It is stated that the claimant was aged about 22 years as on the date of accident and was earning Rs.6,000/- p.m., by working as a technician. Immediately after the accident, he was shifted to Deeksha Hospital and after first aid he was shifted to M.S.Ramaiah Hospital wherein he took treatment as inpatient for more than 39 days.

(3.) On issuance of notice, respondent No.1/Insurance Company appeared before the Tribunal and filed its statement of objections denying the claim petition averments. But admitted the issuance of policy in respect of the offending vehicle. Further, it is contended that the rider of the offending vehicle had no valid and effective driving license as on the date of accident. The compensation claimed by the claimant is highly excessive and disproportionate.