M.S. HIREMATH Vs. IFFCO TOKIO GEN.INS.CO.LTD.

JUDGEMENT

(1.) This is claimant's appeal seeking enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 18.05.2013 passed in MVC No.3116/2012 on the file of MACT, Court of Small Causes, Bengalure.

(2.) The claim petition was filed 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 16.01.2012 when the claimant was crossing the service road at Hosur the rider of the TVS Vega Motor Cycle bearing No.Reg.KA-51:EA6465 came in high speed, rash and negligent manner and dashed to the claimant causing the accident due to which the claimant sustained injuries and immediately he was shifted to St. John Medical College Hospital, wherein he took treatment as an inpatient for 21 days. The claimant states that he was working as a Junior Assistant at Karnataka State Beverages Corporation, Bangalore, earning a salary of Rs.29,457/- per month.

(3.) On issuance of summons the 1st respondent - Insurance Company appeared and filed its written statement. Whereas respondent No.2 was placed ex- parte. The 1st respondent admitted issuance of policy but denied the claim petition averments. The claimant examined himself as PW.1 and also examined the Doctor as PW.2, apart from marking the documents Exs.P1 to P25. No evidence was adduced on behalf of the respondents. The Tribunal on appreciating the material on record awarded total compensation of Rs.1,21,360/- along with interest at 6% p.a. from the date of petition till the date of realization on the following heads :-