S.H. DARANESHAPPA @ DHARANESH S/O SIDDAPPA Vs. GADAGEPPA S. GUBBI @ BANAKAR S/O SHIVAPPA AND THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE instant appeal is directed against the impugned common judgment and award dated 11.10.2004 passed in M.V.C. No. 1333/1998 on the file of the Addl. District Judge and MACT -II, Chitradurga (hereinafter referred to as the 'Claims Tribunal' for brevity) seeking enhancement of compensation. The Claims Tribunal by its judgement and award has awarded a sum of Rs. 55,000/ -, after deducting 30% towards contributory negligence on the part of appellant with interest at 6% p.a. from the date of petition till the date of payment. Being aggrieved, the appellant felt necessitated to present this appeal on the ground that the compensation awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation and to set aside the contributory negligence of 30% fixed against the appellant.

(2.) THE brief facts of the case are that the appellant claims to be aged about 32 years at the time of accident and a driver by profession, getting salary of Rs. 3,000/ - p.m. He was hale and healthy prior to the accident. The appellant contended that at about 8.30 a.m., on 28.2.1998, he was proceeding on a motor cycle bearing Reg. No. KA 16 H 2040. When he was near Modehalli by -pass road on NH -4, a mini lorry bearing Reg. No. KA -27/2134 came from Davanagere side at high speed in a rash and negligent manner and dashed against the appellant, due to which the motor cycle and appellant were dragged to a distance of about 20 feet and he sustained grievous injuries to his head, left hand and other parts of the body. Immediately, he was shifted to District Hospital, Chitradurga. Thereafter, he was shifted to Bapuji Hospital, Davanagere, for better treatment where he was admitted as inpatient for one month and underwent an operation for his head injury. On account of the injuries sustained in the road traffic accident, he filed a claim petition under Section 166 of the M.V. Act against the respondents claiming compensation of Rs. 13,55,000/ -. The said claim petition had come up before the Claims Tribunal for consideration on 11.10.2004. The Claims Tribunal, after careful evaluation of the oral and documentary evidence and other relevant material on record has allowed the claim petition in part and awarded compensation of Rs. 55,000/ -, after deducting 30% towards contributory negligence on the part of appellant with interest at 6% p.a. from the date of petition till the date of payment.

(3.) AS against this, learned Counsel for the second respondent - Insurance Company, inter alia, contends that the amount awarded by the Claims Tribunal is just and reasonable. The Claims Tribunal, after due consideration of the material on record and taking into consideration the nature of injuries sustained, has awarded reasonable compensation and therefore interference by this Court is not called for.