RAVI K J Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This is a claimant's appeal directed against the impugned judgment and award dated 4th July 2006, passed in M.V.C. No. 2939/2004, on the file of the IX Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Metropolitan Area. Bangalore, (SCCH-7) (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 7,52,250/-, after deducting 25% towards contributory negligence as against his claim for Rs. 25.00 Lakhs, is inadequate.

(2.) The Appellant claims to be aged about 34 years, working as Manager in a Hotel, getting income of Rs. 8,000/- per month. He was hale and healthy prior to the date of accident. That at about 3:13 A.M., on 11-03-2004, when the Appellant was riding his motor cycle bearing No. KA-05/EA 6096 on H. Siddaiah Road, near Urvashi Circle Junction, observing all the traffic rules, at that time a Lorry bearing No. TN 09 AB 8509 being driven by its driver in a rash and negligent manner, with high speed, came and dashed against the motor cycle. Due to the impact, he fell down and sustained grievous injuries such as crush of right leg and was immediately rushed to Victoria Hospital for first aid treatment and thereafter he was shifted to Mallya Hospital, where he took treatment for nearly 40 days and undergone ten surgeries and amputation of right leg above knee. It is the case of the Appellant that he has spent nearly Rs. 04.00 Lakhs towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated adequately.

(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. 25.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 4th July 2006. 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. 7,52,250/- with interest at 6% per annum on Rs. 6,27,250/-, from the date of petition, after deducting 25% towards contributory negligence on the part of the Appellant. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant is in appeal before this Court, seeking enhancement of compensation.