LAWS(KAR)-2018-1-185

BASAVARAJU G R Vs. NEW INDIA ASSURANCE CO

Decided On January 03, 2018
Basavaraju G R Appellant
V/S
NEW INDIA ASSURANCE CO Respondents

JUDGEMENT

(1.) Heard Sri. Prabhuswamy N. learned counsel appearing for the appellant. No representation for the respondents. The matter is taken up for final disposal.

(2.) The appellant herein is aggrieved by the judgment and award dated 27.12.2013 in MVC No. 82/2013 passed by the Principal Senior Civil Judge and MACT-X, Tumkur, (for brevity "Tribunal").By the impugned judgment and award the Tribunal has allowed his claim petition in part filed under Section 166 of the M.V. Act and awarded a total compensation of Rs.17,68,000/-. The appellant is dissatisfied by the quantum of compensation amount awarded.

(3.) Briefly stated, the appellant (hereinafter referred to as "claimant") filed the claim petition before the Tribunal under Section 166 of the M.V. Act contending that he suffered grievous injuries in a vehicular accident dated 25.10.2012 involving a bus bearing No. KA-05-AC-1444 belonging to respondent No. 1, insured with 2nd respondent/Insurance Company. It was his case that he suffered comminuted fracture of distal tibia and fibula with bone loss besides degloving injury to the right lower limb. He underwent surgery and the left leg above the knee and right leg below the knee were amputated. The claim was contested by the insurer-2nd respondent. The Tribunal, on over all consideration of the evidentiary material allowed the appeal in part and computed the compensation as under: