C.B. NATARAJ S/O C. BOLAIAH Vs. M.C. SATHISH S/O LATE MA. CHANNAPPA AND THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) ADMIT .

(2.) THIS is claimant's Appeal directed against the impugned judgment and award dated 1st of July 2006 passed in MVC No. 132/2001 on the file of Civil Judge (Sr. Division) and Motor Accident Claims Tribunal at Maddur, (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate.

(3.) IN brief, the facts of the case are: The appellant claims that he was aged about 39 years at the time of accident and by profession he was a Police Constable drawing a salary of Rs. 6,500/ - per month. He was hale and healthy prior to the accident. On account of the injuries sustained in the road traffic accident that occurred on 8.11.2000 at about 9.30 a.m., when he was on duty as Police Constable while going on Bangalore -Mysore road near KSRTC bus stand, due to rash and negligent driving by the driver of the lorry bearing registration No. MYT/6260, it went and dashed against him, on account of which he fell down and sustained injuries. He undergone treatment in General Hospital, Mandya, as in -patient, for one week. Thereafter, he was shifted to Vishvabharathi Hospital, Bangalore, where he took treatment for four months and the Doctor has assessed the disability at 45% towards right lower limb and 15% in respect of whole body. On account of the injuries sustained by the appellant in the accident, he has filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation as against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both the sides and after assessing oral and documentary evidence, has allowed the claim petition in part and awarded a sum of Rs. 1,15,000/ - as compensation under different heads with interest at 6% per annum from the date of Petition till the date of payment. Being aggrieved by the said judgment and award, the appellant has presented this Appeal seeking enhancement of compensation, on the ground that the amount awarded by the Tribunal is inadequate.