ABDUL SALEEMUDDIN BANGALORE RURAL DISTRICT Vs. VASANTH KUMAR

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 4,07,700/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for 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 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.) It is the case of the Appellant that, on account of the accident, he sustained comminuted fracture of the left iliac crust and the right acetabulum comminuted fracture mid shaft of left humerus with antero medical displacement of the distal fragments, haematoma in both the scrotal skin probably secondary to posterior urethral injury, pelvic fracture with ruptured urethra in RTA. On account of the said injuries, 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.