VIJAYAN Vs. KRISHNAPPA

JUDGEMENT

(1.) This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned XIV Addl.Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City (SCCH-10), (hereinafter for brevity referred to as 'Tribunal'), by judgment and award dated 8.10.2012, passed in MVC No.2482/2011.

(2.) The summary of the case of the claimant in the Tribunal is that on 11.3.2011, at about 6.00 p.m., when he was riding his Scooter bearing registration No.KA-05-EC-2770, on Hegganahalli-Kundana Road, near Sunrise Farm, towards Bettenahalli, a car bearing registration No.KA-04-B-4367 being driven by its driver in a rash and negligent manner, came from the opposite side and dashed to the claimant's vehicle, due to which road traffic accident, he fell down and sustained grievous injuries. The Scooter which he was riding also got completely damaged. It is the further case of the claimant that he was taken to Deeksha Hospital, Yelahanka, Bangalore, and after first-aid treatment there, he was shifted to Bowring and Lady Curzon Hospital, Bengaluru, for further treatment. The claimant says that he had spent Rs.1 lakh towards medical expenses. He alleges that the road traffic accident occurred solely due to rash and negligent driving of the car by its driver. In that connection, a police complaint was also lodged with the Vishwanathapura Traffic Police in Crime No.22/2011, for the offences punishable under Sections 279 and 338 of Indian Penal Code. The claimant has stated that due to injuries, he has suffered permanent disability and is unable to eke out his livelihood. The claimant has further stated that his income at Rs.15,000/- per month as a Mason has totally come to a halt. With this, he has claimed for a compensation of a sum of Rs.10 lakhs.

(3.) After analysing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them: