MANJAPPA Vs. ORIENTAL INSURANCE CO. LTD. AND ORS.

JUDGEMENT

(1.) THIS above appeal is filed by the claimant against the impugned judgment and award dated 8.11.2011 passed in MVC No. 597/2010 on the file of the Principal Civil Judge (Sr. Dn.) and Additional MACT, Chitradurga seeking enhancement of compensation.

(2.) IT is the case of the claimant that he sustained injuries in a motor vehicle accident that took place on 30.10.2009 at about 10.00 p.m., when he was proceeding on a motor cycle bearing registration No. KA -17/EA -5082 as a pillion rider in a bike driven by one Chethan from Bharamasagara to Neerthadi village, when the said motor cycle reached Anjaneyaswamy temple on N.H. 4 near Bharamasagara, due to rash and negligent driving of the motor cycle by its driver -Chethan while taking the bike to the left side of the road, without noticing the stone boulders, he hit the stone boulders on the left side of the road. As such, the claimant being the pillion rider fell down from the motor cycle and sustained grievous injuries. Immediately, he was shifted to Shamanur Shivashankarappa Hospital, Davangere where he was treated as inpatient from 31.10.2009 to 12.11.2009 and thereafter, on the advise of the doctor, he was shifted to Manipal Hospital, Bengaluru. He was examined by the doctors and was treated as inpatient from 13.11.2009 to 16.11.2009. It is further case of the claimant that he had spent about Rs. 2.5 lakhs totally and therefore, he had filed a claim petition before the Tribunal claiming compensation.

(3.) BASED on the pleadings, the Tribunal framed the following issues: