A.N. RAJASHEKAR S/O. M. NAGARAJAPPA Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED, INDOCEN HOUSE, 2ND FLOOR, NO. 327/5, MYSORE ROAD, BANGALORE - 560 039 BY ITS MANAGER AND C. MANJUNATH S/O. CHANNAPPA NO. 4, CHINNAGENAHALLI VIRGONAGAR POST, INDIRAN

JUDGEMENT

(1.) APPELLANT is the claimant, being unsatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (for short 'the Tribunal') Bangalore dated 4 -11 -2008 made in MVC No.3767/2007, has filed this appeal seeking for enhancement of compensation.

(2.) IT is the case of the claimant that: on 9 -11 -2006 at about 5.30 p.m. when he was proceeding as a pillion rider in a motorbike bearing registration No.KA -43/E -4344 on Devanahalli -Vijayapura road, at that time, an Innova car bearing registration No.KA -53/M -1539 driven by its driver in a rash and negligent manner and in a high speed came and dashed against the motorbike, due to which, the claimant has sustained multiple injuries and he was admitted to the hospital. The claimant has contended that he was working as a Coolie and earning Rs.6,000/ -p.m. and due to the accident he has suffered huge loss and sought for compensation of Rs.5,00,000/ -.

(3.) SRI . Vasanthappa, learned counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side. Due to the accident, the claimant has suffered the following injuries: (i) L Shaped deep cut lacerated wound over the extensor aspect of left knee joint about 2 x 1 x 2 inch with active bleeding. Deep arteries just above joint are cut and bleeding was not able to control, the underlying patellar bone was seen and crepitative felt, clinically fracture of the patella with displacement was suspected. (ii) Two superficial abrasions over dorsal aspect of left ring finger and middle finger of the right hand. Fracture of left Knee Joint with mild displacement of whole patella towards upward was seen in the X -ray. The Doctor who has treated the claimant has assessed the disability to the extent of 22% in relation to the left lower limb and 11% to the whole body. However, the Tribunal has taken the disability at 7% and awarded lesser compensation and the compensation awarded on all other heads is also on the lower side and sought for enhancement of compensation.