HUSSAIN PEERA Vs. G PARVATHI

JUDGEMENT

(1.) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Civil Judge (Sr.Dn.) cum Member, VI MACT, Kudligi (hereinafter referred to as 'The Tribunal', for short), by its judgment and award dated 15.07.2009 in MVC No.63/2008.

(2.) In his memorandum of appeal, the appellant/claimant has taken a contention that the compensation awarded by the Tribunal below is a meager amount and that it did not appreciate the fact that he had sustained four fractures and had suffered 100% disability. It further erred in holding that the insurer was not liable to pay the compensation, but only the owner of the vehicle was liable to pay it. However, stating that the compensation awarded under all other heads are also inadequate and smaller amounts, the appellant has prayed for allowing the appeal by modifying the judgment and award under appeal and awarding a compensation of Rs.14,15,000/- as prayed in the claim petition.

(3.) On notice being issued, respondent No.2 Insurance Company is being represented by its learned counsel Sri. R. R. Mane. Notice to respondent No.1 is held sufficient. The records of Tribunal below were called for and the same are placed before me. Heard the arguments from both sides and perused the memorandum of appeal, impugned judgment and the entire materials placed before this Court.