LAWS(ALL)-2017-3-167

P.S.R. CHANDRASHEKAR S/O LATE RAMA RAO AGED 65 YEARS R/AT NO.39, 7TH CROSS 1ST MAIN, NAGARBHAVI MAIN ROAD CANARA BANK COLONY BANGALORE-560 Vs. THE MANAGING DIRECTOR A/W INDUSTRIES PVT. LTD. NO.47/1, MOTINAGAR BANGALORE

Decided On March 24, 2017
P.S.R. Chandrashekar S/O Late Rama Rao Aged 65 Years R/At No.39, 7Th Cross 1St Main, Nagarbhavi Main Road Canara Bank Colony Bangalore-560 Appellant
V/S
The Managing Director A/W Industries Pvt. Ltd. No.47/1, Motinagar Bangalore Respondents

JUDGEMENT

(1.) Though this appeal is listed for Admission, with the consent of learned counsel of both sides, it is heard finally.

(2.) The appellant is the injured claimant who has filed this appeal seeking enhancement of compensation, being aggrieved by the Judgment and Award passed in MVC No.82/2009 by the Member MACT, IV Addl. Judge, Court of Small Causes, Bengaluru City, dated 17.6.2001.

(3.) Briefly stated the facts are that the appellant-claimant was returning home on a Honda Activa Scooter bearing No. KA-02-EH-1980 on 2.12.2008 at about 10.45 a.m., when he was near Hosakerehalli cross, Mysore Road, a lorry bearing Regn. No.KA-01-AA-6210 came from behind in a high speed and negligent manner and hit against his two wheeler. As a result, the claimant fell down and sustained injuries. He was treated at Maruthi Nursing Home and after first aid being provided to him, he was shifted to Gurushree Hitech Multi Speciality Hospital, Chandra Layout, Bengaluru. According to the claimant, he has spent considerable sums of money for his treatment, conveyance and nourishment. Despite that, he has sustained permanent disability. In the circumstances, he filed a claim petition before the Tribunal seeking compensation on various heads.