1.

Aggrieved by the judgment and award dated 06.09.2018

passed in MVC.No.4243/2017 by XIII Additional Judge, Court of

Small Causes and Member of MACT, Bengaluru (for short the

'Tribunal') the present appeal is filed by the petitioner therein

for enhancement of compensation awarded.

2.

For the sake of convenience, the parties are referred to as

per their ranking before the Tribunal.

3.

The brief facts of the case are that, on 13.06.2017 at

about 1.30 p.m., the petitioner was proceeding in motor cycle

bearing No.KA-02-ES-876 on Tiptur - T.V. Kere Main road, when

they reached near Mahalingappa's coconut garden, Albur

village, a car bearing registration No.KA-05-ME-6615 driven in

rash and negligent manner, came and dashed against the

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Motor cycle of the petitioner because of which the petitioner

sustained the following injury:

i.

Type III B open fracture both bone left leg

distal 1/3^rd.

4.

The Tribunal based on the evidence let-in came to the

conclusion that the accident happened due to rash and

negligent driving of the car which was duly insured with

respondent No.2 and it is liable to pay a sum of Rs.3,35,500 /-

along with interest at the rate of 6% per ann