VASU S/O RAMA Vs. SURAJ KUMAR KALYA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 7th May 2008 passed in MVC No.1795/2005 by the Principal Civil Judge(Sr.Dn) & Member, Motor Accident Claims Tribunal-IV, Mangalore, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.2,82,200/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.15,00,000/-, is inadequate.

(2.) THE appellant claims to be aged about 50 years and working as a Driver of the Auto, earning a sum of Rs.6,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 6:45 P.M, on 23-06-2005, when the appellant was proceeding in his autorickshaw bearing No.KA-19/M-2947, towards Padil towards Kankanady, near Red Building on NH-48, on account of rash and negligent driving by the driver of a Lorry bearing No.KA- 19/AE-5767 is not in dispute. It is also not in dispute that the appellant has sustained abrasion 6 cm x 4 cm over right side of the forehead, abrasion 4 cm x 3 cm just away from the right eye, abrasion 3 cm x 2 cm over outer aspect of left elbow, lacerated wound 15 cm x 8 cm over outer aspectof right lower thigh exposing torn muscles with underlying comminuted fracture of lower third of right femur, acuter intraventricular haemorrhage with minimal extension along with arachnoid space, and operation, interlocking right femur, out of these, injuries 1 to 3 are simple and injury Nos.4 and 5 are grievous in nature and he was hospitalized for a total period of 105 days.

(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.15,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 7th May, 2008. 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.2,82,200/- 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.