LAWS(KAR)-2012-3-199

K.P. PRAVEEN S/O PUTTASWAMY @ PUTTARAJEGOWDA Vs. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., BRANCH-2, POST BOX NO. 21, NO. 618 CHAMARAJA DOUBLE ROAD MYSORE - 24 AND BOREGOWDA MAJOR S/O DEVEGOWDA HOUSE NO. 463, GANAPATHI TEMPLE ROAD B.M. SRI

Decided On March 13, 2012
K.P. Praveen S/O Puttaswamy @ Puttarajegowda Appellant
V/S
The Branch Manager Oriental Insurance Co. Ltd., Branch -2, Post Box No. 21, No. 618 Chamaraja Double Road Mysore - 24 And Boregowda Major S/O Devegowda House No. 463, Ganapathi Temple Road B.M. Sri Respondents

JUDGEMENT

(1.) WITH consent of learned counsel on both sides, appeal is taken up for final hearing. On 30.08.2006, the appellant sustained grievous injuries in a road traffic accident caused by the rider of motor cycle No.KA -09 ED -1874, which belonged to the second respondent and was insured by the first respondent. After obtaining treatment and finding difficulty to (sic)eke out living, claiming compensation under pecuniary and non -pecuniary heads, a claim petition under Section );">166 of MV Act, 1988 was filed against the rider, owner and insurer of the offending motor cycle. MACT having considered evidence brought on record and finding that there is actionable negligence on the part of the rider of the offending motor cycle, which has resulted in grievous injuries being caused to the claimant and also permanent disability to a certain extent, passed the Award, for Rs. 66,000/ - with interest at 6% p.a. from the date of filing of claim petition till date of deposit. Dissatisfied with the sum awarded, the claimant has preferred this appeal.

(2.) RESPONDENTS have not questioned the impugned judgment and award directing payment of compensation, noticed supra.

(3.) SRI . M. Sowri Raju, learned Advocate for the first respondent - insurance company, on the other hand would argue that the Tribunal has correctly appreciated the evidence and the award passed by it is just and reasonable. Learned counsel seeks dismissal of the appeal by contending that no ground is made out for enhancement of compensation.