LAWS(KAR)-2010-4-223

G. SURESH S/O SRI GAVIYAPPA Vs. SRI R. KRISHNA MURTHY S/O K. RAMAIAH, SRI K.A. KESHAVA MURTHY AND THE ORIENTAL INSURANCE COMPANY LTD.

Decided On April 08, 2010
G. Suresh S/O Sri Gaviyappa Appellant
V/S
Sri R. Krishna Murthy S/O K. Ramaiah, Sri K.A. Keshava Murthy And The Oriental Insurance Company Ltd. Respondents

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation against the impugned judgment and award dated 22.11.04 passed in MVC No. 2013/2000 on the file of the XV Addl. Judge and Member, MACT, Court of Small Causes, Mayo Hall Unit, Bangalore (SCCH -19) (hereinafter referred to as Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 1,18,300/ - with interest at 8% from the date of petition till its realisation as against the claim made by the appellant for a sum of Rs. 4,09,673/ -on account of the injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.

(3.) AFTER perusal of the grounds urged in the memorandum of appeal and hearing the learned Counsel for the appellant for considerable length of time, what emerges is that the appellant aged about 28 years, an electric by profession, earning Rs. 3,000/ - p.m. has suffered injuries due to the accident that occurred on 22.2.2000. He has undergone three months treatment in the hospitals and underwent three surgeries. The doctor has assessed the permanent disability at 50%. The Tribunal has rightly awarded Rs. 70,000/ - towards medical expenses, conveyance, nourishing food and attendant charges and Rs. 20,000/ - towards future medical expenses.