LAWS(KAR)-2011-4-22

G SOMASHEKARA Vs. M G MAHANTHAPPA

Decided On April 21, 2011
G. SOMASHEKARA Appellant
V/S
M. G. MAHANTHAPPA Respondents

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned common judgment and award dated 23rd August, 2007, passed in M.V.C. No.6924/2006, by the IV Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore City, SCCH-6, (for short, Tribunal ) for enhancement of compensation on the ground that, the compensation of Rs. 3,38,416/- (but wrongly mentioned as Rs. 3,38,466/-) with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 5.00 Lakhs, is inadequate.

(2.) The appellant claims to be aged about 20 years, working as vegetable vendor, earning substantial amount and hale and healthy prior to the date of accident. That the accident occurred at. about 7:30 a.m., on 10-06-2006, when the appellant was travelling in the private bus bearing No.KA-02/B/6400 proceeding on Magadi-Bangalore main road. When the bus came near Shanuboganahalli, Magadi Taluk, at that time, the driver of the said bus drove the same with high speed, reckless, rash and negligent manner, without observing traffic rules and regulations on the right side of the road and dashed against the mud rock and caused accident. Due to the impact, the bus turtled and the inmates of the bus sustained grievous injuries. Immediately they were shifted to Sri. Rama Hospital, Bangalore, where they were treated as in-patient.

(3.) It is the case of the appellant that on account of the accident, he sustained compound com- minuted fracture left femur, exposing bone and deep tissue. The vascularity in left leg was feeble and doubtful of survival. No distal movements in joints seen and an abrasion right frontal region and that he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.