LAWS(KAR)-2010-10-86

SANTHOSH KUMAR, S/O. LATE GOPINATH Vs. SRI. NARAYANA PAI, S/O. VITTALA PAI, RATHNAKARA PAI, S/O. LATE KAMALAKSHA PAI, PAI SALES CORPORATION AND THE NEW INDIA ASSURANCE CO. LTD.

Decided On October 23, 2010
Santhosh Kumar, S/O. Late Gopinath Appellant
V/S
Sri. Narayana Pai, S/O. Vittala Pai, Rathnakara Pai, S/O. Late Kamalaksha Pai, Pai Sales Corporation And The New India Assurance Co. Ltd. Respondents

JUDGEMENT

(1.) THIS appeal is by the claimant for enhancement of compensation awarded by the Tribunal.

(2.) HEARD and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.

(3.) BRIEF facts of the case are: That on 14 -9 -01, when, the claimant was proceeding by riding Kinetic Safari bearing registration No. KA -19 -K -514 towards his house in Arya Samaj road from Nandikoor Clinical Laboratory of Balmatta a motor cycle bearing registration No. KA -19 -J -2377 came from opposite direction in a rash and negligent manner and dashed against his motor cycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Mangalore, seeking compensation of Rs. 2,00,000/ -. The Tribunal by impugned judgment and award has awarded compensation of Rs. 55.000/ - with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeking enhancement of compensation.