TAJUDDIN KHAN Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 26.09.2005 passed in MVC No.6321/2003 on the file of IX Additional Judge, Member MACT-7, Court of Small Causes, Bangalore, (SCCH-7) (hereinafter referred to as "Tribunal' for brevity) on the ground that, the compensation of Rs. 1,00,000/- awarded by the Tribunal with interest at 6% per annum from the date of petition till the date of realization as against the claim of claimant for Rs. 10,00,000/- is inadequate.

(2.) The brief facts of the case are: The appellant claims to be aged about 37 years, working as driver of a lorry and getting salary of Rs.4,500/- p.m. Be that as it may, that on 08.11.2003 at about 9.00 a.m. when the appellant was driving his lorry bearing registration No. KA. 04 7517 on Tumkur Madhugiri Road, towards Madhugiri near PBE Bricks Factory, Arakere, another lorry bearing registration No. AP 16 TU 1465 came in a rash and negligent manner and dashed against his lorry as a result of which he sustained grievous injuries such as fracture of right clavicle, fracture AVF Bone, Zygomatic fracture, fracture orbital wall both medical and lateral and eye injury. It is the case of the appellant that on account of the injuries sustained in the accident he has spent considerable amount towards conveyance, nourishing food, attendant charges and medical expenses. Therefore, he filed a claim petition claiming compensation of Rs.10,00,000/- against the respondents. The said claim petition had come up before the Tribunal and the Tribunal in turn after hearing the learned Counsel on both sides and after considering the oral and documentary evidence available on record, has allowed the claim petition of the appellant in part awarding compensation of Rs. 1,00,000/- with interest at 6% per annum from the date of petition till the date of realisation. The appellant has presented this appeal on the ground that the compensation awarded by the Tribunal is inadequate and it requires enhancement by modifying the judgment and award of the Tribunal.

(3.) We have heard the learned Counsel appearing on both sides for considerable length of time.