BENEDICT VINCENT Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 18th April 2007, passed in MVC No. 6370/2005, by the XIX Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH-17), (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of 6,55,000/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for 10,00,000/-, is inadequate.

(2.) The Appellant claims to be aged about 55 years, working as Manager plumbing and electrical maintenance and was earning 12,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 8:10 P.M, on 20-08-2005 on Swamy vivekananda Road, near Adarsha Theatre junction, BMTC Bus stop, on account of actionable negligence on the part of the driver of BMTC Bus bearing No. KA-01/F-1899 is not in dispute. It is also not in dispute that the front left side wheel of the bus went on both the legs of the Appellant and he sustained grievous and multiple fractures to his legs. Due to the severe injuries sustained in the accident, he was shifted to Bowring and Lady Curzon Hospital, Bangalore and from there to Hosmat Hospital, where he was treated as in-patient.

(3.) It is his further case that, on account of the accident, he sustained injuries stated above and for the said treatment, he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.