RAMAIAH Vs. BIPIN S/O BAL CHANDRA CONULAKAR

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 19th July 2008 passed in MVC No.2940/2006 by the XIV Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH-10), (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.9,79,760 /- with interest @ 8% p.a. awarded in favour of the claimant as against his claim for Rs.18,25,000/-, is inadequate.

(2.) THE appellant claims to be aged about 55 years, working at HAL, Bangalore, earning a sum of Rs.14,000/- and hale and healthy prior to the date of accident. That the occurrence of accident at about 11:50 hours, on 18-06-2005, when the appellant was travelling in a Mini Bus bearing No.GA-02/T-7340, near Bogmolo, Hollant Junction, Dobolim, Vasco-Goa, due to rash and negligent driving by the driver of the said Mini Bus, is not in dispute. It is also not in dispute that the appellant has sustained compression fracture of T-12 vertebral body, incontinence of the bladder followed by retention of the bladder and bleeding per rectum. Due to the said injuries sustained in the accident, he was shifted to the Hospital.

(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.18,25,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 19th July, 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.9,79,760/- 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.