J U D G M E N T

The present appeal is filed by the claimant under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Court of the learned XI Additional Small Causes and Additional Motor Accident Claims Tribunal, Bangalore (SCCH-12)

(hereinafter for brevity referred to as "the Tribunal"), in its judgment and award dated 30-06-2020 passed in M.V.C.No.3419/2018.

2. The summary of the case of the claimant in the Tribunal was that, on the date 27-04-2018, at about 7:30 p.m., while the claimant, after parking his Motor Cycle bearing registration No.KA-50/K-4103, was going from Bandahalli village to Perasandra village, to attend to the nature’s call, at that time, a TATA ACE Motor vehicle bearing registration No.KA-40/8593, being driven by its driver, at a high speed, in a rash and negligent manner, came from the opposite direction, and dashed to the claimant. In the said road traffic accident, he sustained multiple injuries all over the body and was immediately shifted to the Chikkamagaluru Government Hospital and was later admitted to Bowring Hospital, Bengaluru, where he took treatment.

The claimant has further stated that he has spent a sum of `20,000/- towards medical treatment. He also stated that at the time of the road traffic accident, he was working as a Coolie and earning a sum of `20,000/- per month, however, due to the injuries suffered by him in the road traffic accident, he has suffered with permanent disability and unable to pursue his avocation as before. Holding the respondents No.1 and 2, being owner and insurer of the alleged offending TATA ACE motor vehicle liable to pay him the compensation, the claimant has claimed the total compensation of a sum of `10,00,000/-

from them.

3. In response to the notice served upon the respondents before the Tribunal, though both the respondents entered their appearance through their counsels, however, it was only respondent No.2 - Insurance Company which filed its statement of objections, wherein it denied the occurrence of the road traffic accident in the manner as agitated by the claimant in his claim petition. It also denied that the claimant sustained any injuries in the alleged road traffic accident. While denying the age, income and avocation of the claimant as contended by the claimant in his claim petition, the respondent No.2 - Insurance Company prayed to reject the claim petition.

4. Before the Tribunal, the claimant got himself examined as PW-1 and also examined one more witness i.e. Dr. S.A. Somashekar as PW-2 and got marked documents from Exs.P-1 to P-17. On behalf of the respondents, three witnesses were examined as RW-1, RW-2 and RW-3 and as many as five documents were got marked from Exs.R-1 to R-5.

5. After analysing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them:

5 Loss of future happiness and amenities 20,000-00 Total 2,23,200-00

6. The Tribunal awarded compensation of a sum of `2,23,200/- with interest at the rate of `6% per annum from the date of petition till the date of deposit, holding the owner and Insurer jointly and severally liable to pay the said compensation and directed the respondent No.2 Insurer to deposit the award amount. It is against the said judgment and award passed by the Tribunal, the claimant has filed this appeal seeking enhancement of compensation.

7. The learned counsel for the appellant (claimant) is appearing through video conference. The learned counsel for respondent No.2 (insurer) is physically appearing before the Court. On a memo filed by the learned counsel for the appellant, notice to Respondent No.1 (owner of the offending TATA ACE vehicle) is dispensed wit