Compensation for injuries sustained in a road traffic accident is determined based on the nature of injuries, medical expenses, and evidence presented.

JUDGMENT

1. This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment and decree dtd. 15/12/2018 passed by MACT, Bangalore (SCCH-7) in MVC No.2339/2016.

2. Facts giving rise to the filing of the appeal briefly stated are that on 3/1/2015 at about 7.00 p.m., the claimant was walking on the extreme left side of the road, at that time the rider of the motorcycle bearing registration No.KA-41/EA-6223 rode the same at a high speed and in a rash and negligent manner dashed against the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

4. On service of notice, the respondent No.1 appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent riding of the vehicle by the claimant himself. The driver of the offending vehicle did not have valid driving licence as on the date of the accident. The liability is subject to terms and conditions of the policy. The age, avocation and income of the claimant and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.2 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.

5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and got exhibited documents namely Ex.P1 to Ex.P7. On behalf of the respondents, two witnesses were examined as RW-1 and RW-2 and got exhibited documents namely Ex.R1 to Ex.R12. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.30, 000.00 along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

6. Learned counsel for the claimant has contended that due to the accident, the claimant has suffered grievous injuries. He was inpatient in the hospital for a period of 63 days. He has spent Rs.10, 722.00 for medical expenses. He has suffered lot of pain during the treatment. The overall compensation awarded by the Tribunal is on lower side. Hence, he sought for enhancement of compensation.

7. On the other hand, learned counsel for the Insurance Company has contended that even though the claimant claimed that the he has suffered grievous injuries, as per the Wound Certificate, the injuries suffered by the claimant are minor in nature. He was inpatient in the hospital only for a period of 63 days. He has not examined the doctor. Therefore, considering the documents available on record and considering the evidence of PW-1, the Tribunal has granted just and reasonable compensation. Hence, she sought for dismissal of the appeal.

8. Heard the learned counsel for the parties and perused the records.

9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred due to rash and negligent riding of the offending vehicle by its rider. As per the Wound Certificate, the claimant has suffered fracture of both ones of left leg. He has not exam