JUDGMENT :

Though this appeal is listed for admission today, with the consent of both the parties, it is taken up for final disposal.

2. Claimant is in appeal seeking enhancement of compensation in respect of a road traffic accident which is the subject matter of MVC No.15/2009 on the file of the Fast Track Court and Additional MACT, Gadag (hereinafter referred to as “the Tribunal” for short) and challenging the validity of the judgment and award passed in the said case dated 28.02.2011.

3. The brief facts, which are necessary for disposal of the appeal are as under:

A claim petition came to be filed under Section 166 of Motor Vehicles Act contending that on 19.11.2008 at about 4.30 p.m. near Asundi cross on Gadag-Hubballi road, when the claimant was returning on a motorcycle bearing No.KA-35/Q-1661 as a pillion rider from Hulkoti Engineering College to Gadag, at that juncture a maxi cab bearing No.KA-26/7000 came in a rash and negligent manner and dashed against the motorcycle resulting in fall of the rider and the pillion rider and the pillion rider has sustained grievous injuries and was shifted to District Hospital, Gadag and he has been treated as inpatient and had to spen