LAWS(KAR)-2011-11-337

AJITH RAO, S/O GOPAL RAO Vs. UNITED INDIA INSURANCE COMPANY LIMITED. REP. BY ITS MANAGER, NO. 10-131. 1ST FLOOR, GANDHIROAD, CHITTOR - 517001 ANDHRA PRADESH STATE AND DISTRICT COLLECTOR AND CHAIRMAN. DISTRICT RURAL DEVELOPMENT AUTHORITY (DRDA),

Decided On November 09, 2011
Ajith Rao, S/O Gopal Rao Appellant
V/S
United India Insurance Company Limited. Rep. By Its Manager, No. 10 -131. 1St Floor, Gandhiroad, Chittor - 517001 Andhra Pradesh State And District Collector And Chairman. District Rural Development Authority (Drda), Respondents

JUDGEMENT

(1.) THIS appeal by the claimant, is directed against she impugned common judgment and award dated 25 -9 -2006 passed in MVC 6690/2005 on the file of Motor Accident Claims Tribunal and Court of Small Causes, Bangalore. The Tribunal awarded compensation of Rs. 6,45,000/ - with interest at 6% p.a. on account of the injuries sustained by the appellant 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 case are. the appellant claims that he was aged about 30 years as on the date of accident, hale and healthy and was doing electrical business earning more than Rs.20,000/ - per month. On 9 -7 -2003 at about 10.30 a.m he met with an accident, sustained grievous injuries, undergone four surgeries and treatment for three months as in -patient. It is the case of the appellant that he has spent huge sums of amount towards medical expenses, conveyance, attendant charges etc,. On account of the injuries sustained, he is not in a position to do any work or continue his electrical business: He filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.20,00,000/ -. The Tribunal, after assessing the oral and documentary evidence on record and taking into consideration the avocation and the nature of injuries sustained, has awarded compensation of Rs.6,45,000/ - with interest at 6% p.a. Not being satisfied with the same, the appellant has filed this appeal seeking enhancement of compensation.

(3.) AS against: this, learned counsel for the first respondent insurance company inter -alia contended that the award is passed after considering the oral and documentary evidence and no interference is called for by this Court. However, he submitted that the amount awarded towards pain and agony, conveyance, attendant charges is en the lower side and awarding compensation towards loss of amenities, discomfort and happiness and future loss of income may be considered in accordance with law.