PATEL BOMMEGOWDA S/O LATE PATEL SIDDEGOWDA Vs. S.T. DEVARAJU MAJOR, S/O TIRUMALAIAH ANNAPOORNESHWARI NILAYA SHIVAPURA, MADDUR TALUK MANDYA DISTRICT.AND THE NATIONAL INSURANCE COMPANY LIMITED V V. ROAD, MANDYA-571401 BY ITS BRANCH MANAGER@RESPOND

JUDGEMENT

(1.) THE appellant is the claimant, being not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (for short 'the Tribunal'). Mandya in MVC No.2338/2005 dated 28 -4 -2007 filed this appeal seeking for enhancement of compensation. The claimant lodged a claim petition contending that on 18 -8 -2005, he went to Mandya City to purchase the household articles. After getting down from the bus, while he was walking infront of the Brundavan Bar, a Canter bearing registration No.KA -11/D -8181 driven by its driver in a rash and negligent manner dashed against the claimant from backside. Due to the accident, the claimant has sustained fracture of right femur and right fibula upper end open fracture dislocation of all tarsometatarsal joints of right foot, fracture of mandible. There was right mid foot exposing the tenderness and bone. He was under the treatment for more than 100 days.

(2.) THE Tribunal tailing into consideration the injuries and assessing the disability awarded Rs. 40,000/ - towards pain and sufferings, Rs. 1,74,200/ - towards medical expenses; Rs. 10,000/ - towards Attendant Charges; Rs. 4,000/ - towards Food and nourishment; Rs. 5,000/ - towards loss of future earnings: Rs. 10,000/ -towards loss of amenities; and Rs. 31,500/ - permanent disability; In all, Rs. 2,70,700 has been awarded as compensation. The claimant being not satisfied with compensation awarded by the Tribunal has preferred this appeal seeking for enhancement of compensation.

(3.) ON the other hand, Sri. A.N. Krishnaswamy, learned counsel appearing for the 2nd respondent contended that the age of the claimant is 73 years, the Tribunal taking into consideration the sufferings undergone has sufficiently compensated by awarding Rs. 2,70,700/ - and sought for dismissal of the appeal.