Y. SUBRAMANYAM, S/O. Y. MUNIVENKATAPPA Vs. SRI. B. RAVINDRA, S/O B RAGHUNATH, NO. 40-806 E, NEHRU I TAGER, KURNOOL TOWN AND DISTRICT, A.P-518004 AND THE MANAGER, NEW INDIA ASSURANCE CO., LTD., MISSION ROAD, NO. 2B, UNITY BUILDING ANNEXE, BANGALO

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 13th October 2010, passed in MVC No. 5133/2009 by the XVIII Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore, (for short, Rs. Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 1,00,960/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 4,00,000/ -, is inadequate. The appellant claims to be aged about 31 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 2:00 P.M, on 01 -04 -2009, on the left side of the Gandrajupale -Palamner Road, near Keerthi Hotel, due to rash and negligent driving by the driver of Hyundai Car bearing No. AP -21 0 -9779, is not in dispute. It is also not in dispute that the appellant has sustained lacerated wound on oceipit measuring 5 x 2 x 1 cm., abrasion over the right elbow measuring 3x 1 cm and nail from little finger right foot peeled off and on clinical examination mid X -ray shows that he sustained fracture of right radius middle 1 / 3rd and upper 1 Ord. The appellant has also underwent a surgery to set right fracture of right radius under general anesthesia and was discharged from the Hospital and took follow -up treatment. Due to the said injuries sustained in the accident, he was shifted to the Hospital, where he took treatment as in patient.

(2.) IT is his further case that, on account of the injuries sustained in the accident, he has undergone severe pain and agony and for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

(3.) ON account of the injuries sustained in the accident, the appellant flied the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 4,00,000/ - against the respondents. The said claim petition had come up for consideration before the Tribunal on 13th October, 2010. 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. 1,00,960/ - 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.