NAGARAJ Vs. HARISH

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 7th February 2006. passed in M.V.C. No. 881/2003. on the file of the Civil Judge (Senior Division) & Member, Additional Motor Accident Claims Tribunal. Chitradurga, (for short. Tribunal) for enhancement of compensation on the ground that, compensation of 35,000/- awarded in favour of the claimant as against his claim for Rs.4.60.000/-, is inadequate.

(2.) The appellant claims to be aged about 29 years, working as Driver, drawing salary of Rs.3.000/- per month and Rs.100/- per day as batta. That on 12.03.2003, at about 9:45 P.M., near Dhanalakshmi Lorry Office, Adivala Farm, within the limits of Hiriyur Police Station, the appellant met with an accident on account of the rash and negligent driving by the driver of the Lorry bearing Registration No.KA- 19/5763, which was coming from Bangalore Side. On account of the said accident, the appellant sustained injuries and he was immediately shifted to General Hospital. Hiriyur for treatment and thereafter shifted to District Hospital. Chitradurga, where the took treatment as in-patient for a period of five days and, he took treatment at Pragathi Dental Clinic at Hiriyur and eleven teeth were replaced. It is the case of the appellant that he has spent considerable sum towards conveyance, nourishing food and attendant charges during the period of treatment and also for the medical expenses for replacement of eleven teeth.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs.04.60 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 7th February 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.35.000/- with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.