ABDUL SALEEMUDDIN S/O. MOHAMED RAFIQ Vs. VASANTH KUMAR S/O. GANGAIAH AND THE REGIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 1st December 2007, passed in M.V.C. No. 7584/2006, by the XIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore, (SCCH -15), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 4,07,700/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 15.00 Lakhs, is inadequate.

(2.) THE Appellant claims to be aged about 21 years, working as mechanic, earning monthly income of a sum of Rs. 9,000/ - and hale and healthy prior to the date of accident. That the accident occurred at about 3:30 P.M. on 18 -11 -2006, when the Appellant was going in his bike along with his friend. At that time, a Lorry bearing No. KA -02/C -5547 came at a high speed in a rash and negligent manner and dashed against the bike and as a result of the same, the Appellant fell down and sustained grievous injuries. Immediately he was shifted to Magadi Hospital and then to Victoria Hospital and thereafter shifted to Mysore road Hi -Tech Hospital and also to Mallige Nursing Home, where he took treatment as in -patient and outpatient.

(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. 15.00 lakhs against the Respondents. The said claim petition had come up for consideration before the Tribunal on 1st December, 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. 4,07,700/ - 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.