RATHNAKAR ACHAR Vs. SUVARNA J

JUDGEMENT

(1.) THOUGH the matter is posted for admission with consent of learned Counsel for the both the parties it is taken up for final disposal.

(2.) THIS appeal by the claimant arises out of the impugned judgment and award dated 19.11.2011 passed in MVC No.537/2006 on the file of the Fast Track Court and MACT, Kundapura, whereby the Tribunal has awarded compensation of Rs.1,28,250/- with interest at 6% p.a. from the date of petition till the date of realisation on account of the injuries sustained by the appellant in the road traffic accident.

(3.) THE brief facts of the case are that the appellant 3 claims that he was a Tailor by profession earning Rs.8,000/- p.m. On 23.04.2006 at about 6.00 p.m. when the appellant was proceeding from Amparu side towards Kundapura side in a Motor Cycle bearing No.KA-19-R-7735, at that time the driver of the Lorry bearing No.KA-09-A-6824 drove the same from Kundapura side towards Basrur side in a rash and negligent manner and dashed against the motor cycle, by which, the appellant and pillion rider sustained injuries. The appellant was shifted to N.R.A.M. Hospital, for treatment. The appellant sustained fracture distal radius right side, fracture base of V metatarsal right side, 2 x 3 cm. abrasion over right foot, 1 x 1 cm. lacerated wound over right knee, abrasion over right elbow region and right wrist. Due to the accident, the appellant sustained permanent disability and spent considerable amount towards treatment, medical and other incidental expenses. Therefore, he filed a claim petition under Section 166 of M.V.Act claiming compensation of Rs.5,00,000/- against the respondents. The Tribunal in turn allowed the claim petition in part by awarding Rs.1,28,250/- with interest at 6% p.a. from the date of petition till the date of realisation. Not being satisfied with the quantum of compensation awarded, the appellant has presented this appeal seeking enhancement of compensation.