NAGARAJ SHETTY Vs. RAMESH SHETTY

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dtd. 30/5/2020 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in MVC No.33/2016.

(2.) Facts leading to filing of this appeal briefly stated are that on 30/5/2013, the claimant - Nagaraj Shetty was proceeding in a motor cycle bearing registration No.KA-20- EB-0863. When he reached near Hunsemakki Petrol Bunk, a car bearing registration No.KA-20-Z-3420 (hereinafter referred to as 'the offending vehicle' for short) which was being driven by its driver in a rash and negligent manner, dashed against the motor cycle which the claimant was riding. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at NR Acharya Hospital, Koteshwara and thereafter was shifted to KMC Hospital, Manipal and later to Tejaswini Hospital and Wenlock Hospital, Mangalore for further treatment where the claimant was an inpatient for 300 days.

(3.) The claimant thereupon filed a petition under Sec. 166 of the Act inter alia on the ground that the claimant was admitted to KMC Hospital, Manipal and later to Tejaswini Hospital and Wenlock Hospital, Mangalore for further treatment where the claimant was an inpatient treatment. It is also pleaded that the claimant has spent more than Rs.5,00,000.00 towards medical expenses. It was also claimed that the claimant was earning Rs.25,000.00 by working as a cook and due to the impact of the accident, the claimant is unable to carry on with the work as before. It was also pleaded that the accident took place wholly on account of the rash and negligent driving of the driver of the offending vehicle. The claimant claimed compensation along with interest.