H T SWAMY Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 8th April 2009 passed in MVC No. 873/2006 by the Principal Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Hassan, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.67,000/- 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 35 years and working as an agriculturist and a Coolie earning a sum of Rs.4,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 9:00 P.M, on 24-10- 2005, near Dairy Circle, B.M.Road, Hassan, on account of rash and negligent driving by the driver of a Tempo bearing No.KA-05/A-9708 is not in dispute. It is also not in dispute that the appellant has sustained abrasion over the right eye brow medially eye 1/2 cm, abrasion over the right palm, abrasion over the right knee 3 cm.x 2cm., Complained of pain in both ears and unable to hear, temporal bone, left exernal cervical canal, of 8th left rib. Due to the injuries sustained in the accident, he was immediately shifted to the nearby Government Hospital, Hassan, where he was in-patient and thereafter shifted to NIMHANS, Bangalore and thereafter at Hassan.

(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 8th April, 2009. 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.67,000/- 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.