K. KANTHRAJ Vs. K. CHANDRASHEKHAR

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 18th December 2006, passed in MVC No. 3264/2004, on the file of the XVIII Addl. Judge, Member, MACT-4, Bangalore (SCCH-4), (for short, 'Tribunal'), for enhancement of compensation on the ground that, the compensation of Rs. 3,50,730/- awarded in his favour as against his claim for Rs. 20.00 lakhs, is inadequate. The appellant claims to be aged about 32 years, working as Driver, getting income of Rs. 4,000/- per month. He was hale and healthy prior to the date of accident. That at about 9:30 P.M., on 28-12-2003, when the appellant was returning from Dharmasthala, while proceeding in the Tata Sumo bearing No. KA-01/N-9946, on Mangalore-Bangalore Road, at that time, the driver of the said vehicle drove the same in a rash and negligent manner and dashed against the goods vehicle. As a result of the same, the appellant sustained several head injuries, inkron vertebrae, bleeding fracture of several edema, and other injuries. He was immediately shifted to Adichunchanagiri Hospital, at Bellur Cross for first aid and thereafter shifted to Hosmat Hospital, where he was treated as inpatient in the said Hospital.

(2.) It is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

(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. 20.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 18th December 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. 3,50,730/- 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.