PRASHANTHA SHETTY Vs. DURGAMBA MOTORS

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 30th November 2005, passed in M.V.C. No. 460/2000 on the file of the Principal Civil Judge (Senior Division), Motor Accident Claims Tribunal-V, Bangalore Rural District, Bangalore, ( for short, Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,09,000/- awarded in favour of the claimant as against his claim for Rs. 28,98,986/-, is inadequate.

(2.) The appellant claims to be aged about 22 years, working as Manager in a Hotel, and getting salary of Rs. 4,000/- per month. That on 25-04-1999, at about 9:45 P.M., when the appellant was travelling in a bus bearing Registration KA-20/A-9000, belonging to M/s. Durgamba Motors, to go from Bangalore towards Kundapura, the driver of the said bus drove the same in a rash and negligent manner and dashed against the tree situate at the side of the road. Due to the impact, the appellant fell down and sustained injuries to his leg and left maxilla. He was immediately admitted as in-patient at Sanjaya Gandhi Hospital from 26-04-1999 to 11-05-1999. Thereafter, he has taken follow-up treatment in another Hospital and has spent reasonable amount towards conveyance, nourishing food and attendant charges including the medical expenses.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 28,98,986/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 30th November 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 5,09,000/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.