SYED GULAB Vs. THE NEW INDIA ASSURANCE CO. LTD., NO. 346, 2ND FLOOR, MANANDI COURT, 27TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE AND DEEPAK C. REDDY S/O LATE V.C. REDDY, NO. 409, 5TH CROSS, 7TH MAIN ROAD, J.P. NAGAR, 3RD PHASE, BANGALORE - 562076@

JUDGEMENT

(1.) AGGRIEVED by the judgment and award dated 23.12.2008, passed in MVC No 3646/2008 on the file of VI Additional Judge, Court of Small Causes, Member, MACT, Bangalore, the appellant has filed this appeal seeking enhancement.

(2.) THE case of the appellant is that on 12.04,2008, at about 12.30 p.m. when he was riding his two wheeler bearing No. KA -03 -EJ -435 on Bannerghatta road, near Diary Circle, a maruthi car bearing No. CKH - 3006 came in a rash and negligent manner and dashed against him. As a result, the appellant sustained injuries and he was shifted to Mediscope Hospital. Bangalore and thereafter to Al -Ameen Hospital, where he spent, huge sum towards medical expenses. On a claim petition being filed, the Tribunal awarded a compensation of Rs. 1,13,683/ - along with interest @ 6% per annum Hence, the present appeal seeking enhancement.

(3.) THE Doctor who has been examined as PW -2 has stated that the claimant has sustained a fracture of L -1 Vertebrae and the injury is grievous in nature and that he was admitted to the hospital on 15,04,2008 and was discharged on 23.04,2008 with an advise to come, for regular follow -up, that the injury to the spine was an extent of 15% and is permanent, that there is tenderness and restricted moment of the spine and that the chest x -ray shows that there is a healed compression fracture body of L -1 vertebrae with bony chips seen in situ.