VAIYYAPILLAI S/O. PICHA @ PICHAKARAM Vs. THE VICE CHAIRMAN AND MANAGING DIRECTOR, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 21st February 2005, passed in M.V.C. No. 3521/2003, by the VI Additional SCJ and Motor Accident Claims Tribunal, Bangalore (SCCH -2), (for short, Tribunal) for enhancement of compensation on the ground that, the compensation of Rs. 65,500/ - awarded in his favour as against his claim for Rs. 05.00 lakhs, is inadequate.

(2.) THE Appellant claims to be aged about 32 years and working as coolie, earning a sum of Rs. 3,000/ - per month. He was hale and healthy prior to the date of accident. That at about 10:30 A.M., on 15 -06 -2003, when the Appellant was standing by the side of A.V. Road and waiting for the bus, to return to his residence from his work place, and when he was about to get inside the bus that had come to the stand, at that time, a APSRTC Bus bearing Registration No. AP -11/Z -2286 came from east to west on the A.V. Road in a rash and negligent manner and came on the extreme side of the said road and dashed against him, as a result of which, he fell down and sustained grievous injuries.

(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. 05.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 21st February 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. 65,500/ - with interest at 7% per annum from the date of petition till the date of deposit, after deducting 10% towards contributory negligence on the part of the Appellant. Being dissatisfied with the quantum of compensation awarded by the Tribunal and also the contributory negligence fixed on the Appellant at 10%, the Appellant is in appeal before this Court, seeking enhancement of compensation.