L N PRAKASH Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) In this appeal, the claimant has challenged the finding of the Tribunal on the question of actionable negligence of respondent No.3 and the quantum of compensation awarded by the Tribunal.

(2.) The facts giving rise to this appeal, in brief, are as follows :The appellant was working as an operator in Pandyan Cements and Minerals Industries, Bommanahalli, Bangalore, on a salary of Rs. 1,300/- p.m. On 14-9-1989 at about 2 p.m. he was riding a scooter bearing No. MER 883 on 9th Main Road, Jayanagar, Bangalore, on the left side of the road. At that time, a motor cycle bearing No. CKJ 6155 driven by the 3rd respondent suddenly entered the main road from 33rd cross and dashed against the appellant. As a result, he fell down and sustained some grievous injuries. According to him, he was taken to Sanjay Gandhi hospital where first aid was given and then he got himself shifted to Rajalakshmi Nursing Home where he was treated as an in-patient. A complaint was lodged before the Jayanagar police against the 3rd respondent and the police have registered a criminal case against him. It is stated that he has suffered some physical disability and, therefore, claims certain amount of compensation against the respondents.

(3.) The respondents have resisted the claim. They have denied the rash and regligent driving of the motor cycle by the 3rd respondent. According to them, the accident was due to the negligence of the claimant himself. It is further contended that the claim is highly exorbitant.