DON PINTO S/O I.S. PINTO Vs. PETER DON NAZARATH S/O LAURENCE NAZARATH AND UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS is claimant's appeal seeking enhancement of compensation against the impugned judgment and award dated 18.10.2004 passed in M.V.C. No. 1465/2001 on the file of the Prl. Civil Judge (Sr.Dn.) and Addl. MACT, Udupi (hereinafter referred to as 'the Claims Tribunal for brevity). The Claims Tribunal by its judgement and award has awarded a sum of Rs. 3,11,413/ - with interest at 896 p.a. from the date of petition till the data of realization as against the claim of claimant for Rs. 22,10,000/ - against respondents. Therefore the appellant felt necessitated to present this appeal on the ground that the amount awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation.

(2.) THE appellant was aged about 29 years, and an electrical Technician working at Saudi Arabia, drawing salary of Rs. 1,500 Saudi Riyals (Rs. 16,000/ - p.m.). He was hale and healthy prior to the accident When he had come to his native place Pandeshwara village, Udupi Taluk, on vacation, at about 7.30 p.m. on 3.3.2001, while he was riding a motor bike from Sasthana side towards Udupi on N.H. 17 slowly and cautiously, following the traffic Rules and Regulations, near Kombarsgudde in front of the temple, a lorry bearing Reg. No. CNX -5158 came with high speed in a wrong direction and dashed against the motor bike of the appellant on account of which, the appellant fell down and sustained grievous injuries. As per the wound certificate Ex. P -4, there is a fracture of right femur shaft, open fracture of right libra and open fracture of right femur and other simple injuries. He has undergone treatment for a period of 46 days in KMC hospital, Manipal. It is the further case of the appellant that he has spent huge sums of money for conveyance, nourishing food and attendant charges. The Doctor has assessed disability at 45% to the right leg and also to the right hand and 24% permanent disability to the whole body. On account of the injuries sustained, the appellant herein filed a claim petition against the respondents claiming compensation of Rs. 22,10,000/ -. The said claim petition had come up before the Claims Tribunal for consideration on 18.10.2004. 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. 3,11,413/ - with 8% interest from the date of petition till the date of realisation

(3.) AS against this, learned Counsel for the second respondent - Insurance Company, inter alia, contends that the compensation 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.