JAGANATH Vs. PUTTAPPA AND ANOTHER

JUDGEMENT

(1.) The claimant being not satisfied with the quantum of compensation awarded in judgment and award dated 26-11-2015 made in MVC No. 139/2013 passed by the MACT, Haveri (hereinafter referred to as "Tribunal") filed this appeal seeking enhancement of compensation.

(2.) The claimant has filed the claim petition contending that on 11-3-2013 while he was proceeding as a pillion rider in a motorcycle bearing No. KA-27-Q-7004 due to the rash and negligent riding of the motorcycle by its rider it was skidded. Due to the impact the claimant has fell down and sustained multiple commuted fracture of middle candilayer and fracture of tibia and other injuries to the body. He had taken treatment at Kshema Orthopaedic Centre, Hubballi. He was an inpatient for a period of 12 days and undergone surgery. He has spent more than Rs. 1,00,000/- towards treatment and prior to the accident he was working as an agriculturist and earning Rs. 10,000/- per month. In view of the injuries sustained and surgery undergone, he cannot work as an agriculturist. Hence, sought for compensation of Rs. 10 lakhs.

(3.) In pursuance of the notices issued by the Tribunal, owner of the vehicle though served with notice remained unrepresented. Respondent No. 2-Insurance Company filed written statement denying the entire averments made in the claim petition and also contended that rider of the motorcycle does not possess valid and effective licence as on the date of the accident. Hence, the insurer is not liable to pay compensation and sought for dismissal of the claim petition.