MURALI Vs. SMT. M. SIVAKAMI AND ANOTHER

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 31st Aug., 2005, passed in M.V.C. No. 7413 of 2004 on the IV Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore City (SCCH-6) (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 36,000.00 awarded in favour of the claimant after deducting 10% towards contributory negligence, as against his claim for Rs. 5.00 lakhs is inadequate.

(2.) The appellant claims to be a coolie aged about 28 years and earning a sum of Rs. 3,000.00 per month. That on 22-3-2004, at about 10.15 p.m., when the appellant was standing by the side of Hosur main road in front of Wipro at Bommanahalli to cross that main road, at that time, the driver of the lorry bearing No. TN-27 R 9666, drove the same in a rash and negligent manner and dashed against the appellant. As a result of the same, he sustained injuries and was immediately shifted to NIMHANS Hospital for treatment. It is his case that he. has spent reasonable sum towards conveyance, nourishing food and attendant charges, medical expenses, etc. and therefore, prays that reasonable enhancement of compensation may be made.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition before the Tribunal seeking compensation of a sum of Rs. 5.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 31st Aug., 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. 36,000.00, after deducting 10% towards contributory negligence, with interest at 6% per annum from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.