B.K. PUTTASWAMY, S/O. M.D. KONDAIAH Vs. SRI. M. BASHA, S/O. MASTHAN SAB AND THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 9th November 2006, passed in M.V.C. No. 4788/2003, by the XVIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -4, Metropolitan Area, Bangalore, (SCCH -4), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 58,000/ - awarded in favour of the claimant as against his claim for Rs. 03.00 Lakhs, is inadequate.

(2.) THE Appellant claims to be aged about 25 years, working as salesman at Naveen Concrete Box and Tiles Company and was hale and healthy prior to the date of accident. That the occurrence of accident at about 1:15 P.M., on 18 -08 -2003 near Yammare village, on account of rash and negligent driving by the driver of the Lorry and the resultant injuries sustained by the Appellant are not in dispute.

(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. 03.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 9th November, 2006. 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. 58,000/ - with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellant is in appeal before this Court, seeking enhancement of compensation.