G NAGARAJU Vs. B RAVINDRA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 13th October 2010 passed in MVC No.5132/2009 by the XVIII Additional Judge and Court of Small Causes, Member, Motor Accident Claims Tribunal-4, Bangalore, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.1,60,400/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.6,00,000/-, is inadequate.

(2.) THE appellant claims to be aged about 37 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, near Hotel Palamaner- Bangalore Road, Chitoor District, A.P. due to rash and negligent driving by the driver of Hyundai Car bearing No.AP-21/P-9779, is not in dispute. It is also not in dispute that the appellant has sustained lacerated wound on oceipit measuring 7 x 2 x 1 cm. Lacerated wound over right elbow measuring 3 x 1 cm. And deformed left leg and x ray shows fracture of shaft of both bones of left leg lower 1/3rd. He has also underwent a surgery to set right fracture of his left leg long bone fracture and interlocking tibia for fracture of both bones of left leg. Due to the said injuries sustained in the accident, he was shifted to the Hospital, where he took treatment as in patient.

(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.6,00,000/- 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.1,60,400/- under different heads, with interest at