ATHAR ALI KHAN ZAI, S/O. MAHAABOOBALI KHAN ZAI Vs. SMT. D.N. PARVATHAMMA, W/O. D.N. NAGABHUSANAM, D. NO. 9/1/25, B.T. LAYOUT, HINDUPUR-515201 AND THE NEW INDIA INSURANCE CO., LIMITED, BY ITS REGIONAL MANAGER, NO. 2-B, UNITY BUILDING ANNEX, MISSI

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 18th November 2006, passed in MVC No. 3147/2005, by the Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal -V, Bangalore City, (for short, 'Tribunal'), on the ground that, the compensation of Rs. 2,09,600/ - with interest @ 6% p.a. awarded in favour of the appellant as against his claim for Rs. 15,00,000/ -, is inadequate. The appellant claims to be aged about 22 years and was hale and healthy prior to the date of accident. That the occurrence of accident at about 12:30 P.M., on 04 -03 -2005, when the appellant along with others was proceeding in a Hero Honda Motoe cycle bearing No. KA01/U -1464, on the extreme left side of Bangalore -Mysore Road, opposite SPR factory, due to rash and negligent driving by the driver of Lorry bearing No. AP -02/V -5455, is not in dispute. It is also not in dispute that the appellant has sustained swelling deformity, shortening restricted movements of right thigh, lacerated wound left leg. X -ray of right thigh showed comminuted displaced fracture of shaft of femur and X -ray of left leg showed fracture of both bones of leg. As per Ex. P17, he has sustained comminuted displaced fracture of shaft of femur and fracture of both bones of leg. Due to the injuries sustained in the accident, he was shifted to Sahana Hospital, where he was in -patient for a period of eight days.

(2.) IT is his further case that, on account of the accident, he sustained injuries stated above. The appellant has also underwent operation for interlocing nail for femur and interlocking nail for tibia under epidural anesthesia and re -admitted at Hosmat Hospital for re -adjustment of screws of disable femur on 17 -03 -2005 and again admitted on 14 -09 -2005 for dynamisation and fibular osteotomy was done on 14 -09 -2005. Totally, he has undergone three operations for fractures sustained by him and was advised six months' treatment and rest. Further, the Doctor has assessed 30% disability to the whole body and 65% disability towards left lower limb. For the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

(3.) WE have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and the Insurer.