JUDGEMENT
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(1.) This appeal is directed against the judgment of the
Division Bench of the Karnataka High Court whereby the
compensation awarded to the appellant by Motor Accident Claims
Tribunal-4 Metropolitan Area, Bangalore (for short, 'the
Tribunal') in MVC No. 860/2004 was enhanced by a paltry sum of
Rs. 31,000/-
(2.) The appellant became a victim of road accident which
occurred on 8.9.2003 when he was hit from behind by bus bearing
No. KA-04-A-3784 belonging to respondent No. 2. As a result of
accident, the appellant sustained grievous injuries on different
parts of the body. On the same day, he was admitted in Bowring
and Lady Curzon Hospital, Banglore. He was discharged on
22.9.2003.
(3.) In the petition filed by him under Section 166 of the
Motor Vehicles Act, 1988 (for short, 'the Act'), the appellant
claimed compensation of Rs.5,00,000/- with interest by making the
following assertions:
(i) that at the time of accident, his age was 24
years;
(ii) that the accident was caused due to the rash and
negligent driving of the bus;
(iii)that due to the accident, he had sustained
grievous injuries and remained in the hospital and that
his treatment was still continuing;
(iv)that he had spent Rs.5,000/- by way of medical
expenses;
(v)that he was apprehensive of becoming disabled and
that the same would result in loss of earning and
affect his livelihood; and
(vi)that he would have to suffer constant pain and
discomfort throughout his life.
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