The main legal point established in the judgment is that compensation awarded in motor vehicle accident cases should be just and reasonable, taking into account various factors such as income, disability, and medical expenses.

JUDGMENT

1. Though this matter is listed for admission, with the consent of both the learned counsel, the same is taken up for final disposal.

2. Heard learned counsel Mr.Shivaprasad.M., appearing on behalf of the appellant and learned counsel Mr.Shivaraj Patil, appearing on behalf of respondent No.2.

3. This is an appeal preferred by the claimant being aggrieved by the judgment and award dtd. 11/4/2019 passed by the Senior Civil Judge and MACT, Maddur in MVC No.766/2017. This appeal is founded by the inadequacy of compensation awarded by the Tribunal and hence seeking for enhancement of the compensation.

4. Brief facts of the case:

On 10/5/2016 at about 6.30 am when the claimant was riding the Honda Activa motorcycle bearing Registration No.KA-51-EN-517 slowly and cautiously on the left side of the road namely Bangalore-Mysore Road, at that time, one school bus bearing Registration No.KA-11-A-7975 which was being driven by its driver in a rash and negligent manner and at a high speed so as to endanger human life, all of a sudden stopped the bus without giving any signal. Due to which, claimant, who was riding the motorcycle dashed against the hind portion of the bus. As a result, the claimant fell down and sustained grievous and multiple injuries all over his body. Immediately thereafter, he was shifted to Government Hospital, Maddur for initial treatment and thereafter he was shifted to MIMS, Maddur and subsequently, he was shifted to JSS, Mysore. Surgery was conducted on the claimant and he was discharged thereafter and advised to take regular outpatient treatment.

5. It is the case of the claimant that the accident occurred due to sole negligence and rash driving by the driver of the school bus. Due to the accident and injuries sustained by the claimant and the expenditure expended by him, the claimant has preferred the claim petition against the respondents seeking compensation.

6. On service of notice, respondent No.1, owner of the offending vehicle namely school bus did not file statement of objections and the respondent No.2-Insurance company, appeared and filed its statement of objections and contested the claim petition by denying the claim made by the claimants. It was pleaded by the respondent No.2 that insurance coverage of the offending vehicle is disputed and it is also disputed that the driver of the offending vehicle was not holding a valid driving licence as on the date of accident. Hence, no liability would arise against the Insurance Company. Hence, denied the liability on itself to pay the compensation and sought for dismissal of the claim petition.

7. On the basis of the pleadings, the Tribunal framed relevant issues.

8. In order to prove and establish his case, the claimant got examined himself as PW1 and got marked Exs.P-1 to P-13. He also got examined an eye witness namely Mr.Sudhan.H.P. as PW-2. The claimant also got examined two witnesses namely Dr.Mahesh.S. and Dr.Adarsh through Court Commissioner as CW1 and CW2 and through their evidence Exs.C-1 to C-15 were got marked.

9. The respondents on the other hand did not step into the witness box or neither led any evidence to counter the case of the claimant and did not produce any document on their behalf.

10. After hearing both sides and providing sufficient opportunity to both parties, the Tribunal came to the conclusion that the claimant would be entitled for a compensation in a sum of Rs.3,24,389.00 with interest at the rate of 9% per annum from the date of claim petition till the date of payment and directed the respondent No.2 being the insurer to deposit the compensation amount. Being aggrieved by the Judgment and award of the Tribunal, the claimant has preferred this appeal seeking for enhancement.

11. The point that would arise for consideration is as to whether the Tribunal has awarded a reasonable and just compensation commensurate to the