G. SOMASHEKARA, S/O. GOVINDARAJA Vs. SRI. M.G. MAHANTHAPPA, S/O. GURUSIDDAPPA, MALLIKARJUNA TRANSPORT AND THE DIVISION MANAGER, THE NEW INDIA ASSURANCE CO. LTD.

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. 05.00 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 traveling 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.) ON account of the injuries sustained in the accident, the Appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 05.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 23rd August, 2007. 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. 3,38,416/ - under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant is in appeal before this Court, seeking enhancement of compensation.