SRI M. KRISHNAPPA Vs. MAHESH V. S

JUDGEMENT

(1.) Heard the learned counsel for the appellant-claimant and the learned counsel for the respondent-insurer with their consent for final disposal and perused the records.

(2.) The appellant - claimant in MVC No.409/2011 on the file of the Motor Accident Claims Tribunal, Bengaluru (For short 'Tribunal') under section 166 of the Motor Vehicles Act, 1988 has preferred this appeal seeking enhancement in the compensation. The Tribunal has partly allowed the appellant's claim petition in MVC No.409/2011 by its impugned judgment dated 7.11.2012 granting a sum of Rs.10,500/- along with interest @ 6% per annum from the date of petition till the date of realization calling upon the insurer to deposit the amount. The amount of Rs.10,500/- includes a global sum of Rs.7,000/- for the injuries suffered and a sum of Rs.3,500/- towards repair of the appellant's moped.

(3.) The appellant's case is that on 17.9.2010, when he was standing at Ramapura Circle, Big Banyan Tree, Tavarekere Road with his moped parked, a motor cyclist who was rash and negligent in driving the motorcycle insured with the insurer - respondent dashed against him. He was grievously injured in this road accident and he was shifted to Mathru Hospital, Kengeri for treatment immediately after the accident. He was inpatient with the aforesaid hospital on three occasion viz., between 17.9.2010 and 22.9.2010, 10.11.2010 to 14.11.2010 and 6.7.2011 to 8.7.2011. He suffered comminuted fracture of right leg and therefore he was operated upon for internal fixators, and he also had to undergo surgery for removal of fixators. The appellant's further case is that he has suffered permanent disability because of the mal-union of the fractured bones and as such, he would be entitled for compensation in a sum of Rs.4,80,000/-.