S. G. Pandit, J. - (1.) The appellant/claimant is before this Court not being satisfied with the quantum of compensation awarded under the judgment and award dated 11.03.2014 passed in MVC No.377/2009 on the file of Additional MACT and Principal Senior Civil Judge and CJM, Ramanagara.
(2.) The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a Road Traffic Accident. It is stated that on 30.08.2008 when the claimant was proceeding as a pillion rider on Motor Cycle bearing Reg.No.KA-42-H-2075 near Eruligara Tank, Ramadevara Betta Road, Auto bearing Reg.No.KA- 42-3520 came in a rash, negligent manner and dashed against the Motor Cycle, due to the impact the claimant fell down and sustained grievous injuries. Immediately he was shifted to General Hospital, at Ramanagara and subsequently shifted to Victoria Hospital, Bangalore, where he was inpatient for one day. He was doing coolie work and was earning Rs.6,000/- per month. He was aged 21 years as on the date of accident.
(3.) On issuance of summons, the 2nd respondent Insurance Company appeared before the Tribunal and filed its objection denying the petition averments and contended that the compensation awarded is exorbitant and without any basis. Further it was stated that the accident occurred due to the negligence on the part of the rider of the Motor Cycle, who did not possess valid and effective driving license as on the date of accident. The claimant examined himself as PW.1 and examined the Doctor as PW.2 and got marked the documents Exs.P.1 to P.14. The 2nd respondent insurer examined RW.1 and got marked Ex.R.1 the C.C. of driving license. The Tribunal on assessing the material on record awarded total compensation of Rs.86,400/- on the following heads : JUDGEMENT_92_LAWS(KAR)9_2019_1.html and saddled liability on the 1st respondent owner. Not being satisfied with the quantum of compensation awarded by the Tribunal, and against saddling of liability on respondent No.1 the appellant is before this Court in this appeal.;