G.S. RAVISH. S/O. SIDDAPPA Vs. SRI. SREENIVASA MURTHY, S/O. KASHI REDDY, SMT. SUMA RAMESH, W/O. B.V. RAMESH AND THE UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 9th July 2009, passed in M.V.C. No. 478/2005, by the I Additional Civil Judge(Sr.Dn) and Additional MACT, Shimoga (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,97,000/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 5,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 43 years and was hale and healthy prior to the date of accident. That the occurrence of accident at about 2:30 P.M., on 22 -04 -2005, when the appellant was proceeding towards Somapura village from Gundenahalli on his motor bike bearing Registration No.KA -15/H -7521, due to rash and negligent driving by the driver of Tractor trailer bearing No.KA -14/T -5454, is not in dispute. It is also not in dispute that the appellant has sustained Type III B open fracture of distal third of right femur (grievous injury), fracture of right patella (grievous injury), fracture of right tibia condyles (grievous injury) and the appellant was also operated and the bones were fixed with the help of screw plate etc. and thereafter the nail was removed and external fixator application done under spinal anaesthesia andand thereafter the fixator removed and discharged with thigh corset applied. Further, when the appellant was examined on 09 -09 -2008, it was found that there was non -union of fracture of right femur and walking with support, 0 -30% of movements in his right knee joint, right hip joint movements rested by 30%, grade IV power in his right quadriceps, hamstring and right hip abductor muscles. On account of these injuries sustained in the road traffic accident, he was admitted to Mc.Gann. Hospital, Shimoga for treatment and on advise of the Doctor, shifted to K.M.C. Hospital, Manipal for better treatment, ad thereafter readmitted to the said Hospital several times.

(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. 5,00,000/ -against the respondents. The said claim petition had come up for consideration before the Tribunal on 9th July, 2009. 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. 2,97,000/ - 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.