K.B. BETTEGOWDA Vs. NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE NO. 144, SUBHARAM COMPLEX M.G. ROAD, BANGALORE-560001 BY ITS MANAGER AND G. K. REDDY T. 27, 12TH STREET ANNA NAGAR DISTRICT CHENNAI, TAMIL NADU - 600040

JUDGEMENT

(1.) THIS appeal by the claimant is arising out of the impugned Judgement and award dated 08.07.2009 passed in MVC No.5695/2007 on the file of the XIII Addl. Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'Tribunal' for short). The Tribunal by its impugned judgment and award, has awarded a sum of Rs. 60,000/ - with interest at 6% p.a., from the date of petition till the date of realization on account of the injuries sustained by the appellant in the road traffic accident. The quantum of compensation awarded by the Tribunal being inadequate and requires enhancement, he has presented this appeal.

(2.) THE appellant -claimant was aged about 59 years and a retired Government servant He was working as a Special Officer at Office of the Chief Secretary to Chief Minister, Government of Karnataka drawing a salary of Rs. 27,000/ - per month and was hale and healthy, prior to the accident That, at about 4.45 p.m. on 29.12.2006, when he was driving a car bearing No.KA -01 -Z -1098 near Mogili Ghat Road. Bangarupalem, a lorry bearing No.TN -02 -Y -4765 came from opposite direction driven by its driver in a rash and negligent manner and dashed against the said car. As a result, he sustained grevious injuries. Immediately he was shifted to Suguna Hospital and he underwent treatment for a period of more than 30 days and also underwent a surgery. It is the case of the appellant that he spent considerable amount towards conveyance, nourishing food and attendant charges apart from medical expenses and Doctor has assessed the disability of 30% to the left upper arm and 10% to the whole body.

(3.) THE submission of the learned counsel appearing for the appellant, at the outset is that the Tribunal has not awarded reasonable compensation towards loss of amenities, discomfort, unhappiness and no compensation is awarded towards future medical expenses. Therefore, he submitted that reasonable enhancement may be made by modifying the impugned judgment and award passed by Tribunal.