R KRISHNEGOWDA Vs. T SHIVANNA

JUDGEMENT

(1.) THIS appeal is by the claimant seeking for enhancement of compensation in respect of personal injuries which he has sustained in a motor accident that took place on 13.6.2000 at about 9.30 p.m. near Hulivana Village, Mandya District involving the canter bearing registration No.KA-11-4994, driven by respondent No. 1 owned by respondent No.2 insured with respondent No.3 before the Tribunal at the relevant point of time.

(2.) IT is the case of the claimant that he was aged about 31 years and an agriculturist by occupation earning more than Rs.15,000/- per month. On the date of the accident, on 13.6.2000 at about 9.30 p.m., the claimant was proceeding on his scooter bearing No.KA.03/ E-721 and when he was near the spot of the accident as stated above, the canter bearing No.KA-11-4994 driven by its driver at a high speed in a rash and negligent manner came and dashed against the scooter in which he was proceeding. On account of the impact, he sustained fracture of his right clavicular region and lower end of the right radius coupled with multiple abrasions on the right thigh and right knee. He took treatment for the said injuries at JSS Hospital, Mysore for a period of 9 days. He was treated by PW2 -Dr. Ravishankar. According to PW2, the claimant has disability to an extent of about 12% to his limb on account of the injuries sustained in the accident. The Tribunal taking these aspects into consideration has awarded a sum of Rs.25,000/- towards injury, pain and suffering, a sum of Rs. 10,000/- towards medical and other incidental expenses, a sum of Rs.3,000/- towards loss of income during laid up period and further a sum of Rs.18,000/- towards loss of future income. Thus in all awarded a sum of Rs.56,000/- with interest at 6% p.a. from the date of petition till realisation.

(3.) THE contesting respondent-insurer who have been served have remained unrepresented.