LAXMAN ALIAS LAXMAN MOURYA Vs. DIVISIONAL MANAGER
LAWS(SC)-2011-11-70
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on November 08,2011

LAXMAN Appellant
VERSUS
DIVISIONAL MANAGER, ORITL.INS.CO.LTD. Respondents

JUDGEMENT

- (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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