S. UMESH Vs. VEERABHADRA NAIK AND OTHERS

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned common judgment and award dated 20 -9 -2006 passed in MVC 5774/2008 on the file of Motor Accident Claims Tribunal, Bangalore;, The Tribunal awarded compensation of Rs. 1,26,855/ - with interest at 7% p.a. from the date of evidence (24 -3 -2005) till the date of deposit as against the claim of Rs. 14,65,584/ - on account of the injuries sustained by the claimant in a road traffic accident. Since the quantum of compensation awarded by the Tribunal is inadequate, the present appeal is filed seeking enhancement.

(2.) THE brief facts of the ease are, the appellant claimed that he was aged 40 years, hale and healthy prior to the accident. On 5 -4 -2003 at about 8.20 p.m. when the appellant was travelling in a motorcycle with his two children from Mudigere towards Handpost, at Munjrabad Circle in front of Mini Engineering Works, a lorry bearing No. KA 02 A 1191 came in a rash and negligent manner and dashed against the motorcycle. Due to the impact, the appellant and his two children sustained grievous injuries and both the children succumbed to the injuries. Therefore, he filed three claim, petitions under Section 166 of the Motor Vehicles Act claiming compensation. When the matters came up before the Tribunal, after appreciating the oral and documentary evidence and considering the nature of injuries sustained by the appellant and his avocation, the Tribunal allowed the claim petition in part awarding a sum of Rs. 1,26,855/ - for the injuries sustained by the appellant. Being dissatisfied with the same, the appellant has filed this appeal seeking enhancement of compensation.

(3.) THE submission of learned counsel for the appellant at the out -set is that the Tribunal has not awarded fair and reasonable compensation and the quantum of compensation awarded is inadequate and requires enhancement.