LAKHAN MALIK @ LAKSHMAN MALIK, S/O LATE MOHAN MALIK Vs. THE ORIENTAL INSURANCE CO., LTD., BY ITS MANAGER. DO -VII, NO. 1. SHANKAR HOUSE, 3RD FLOOR. RMV EXTENSION, MEKHRI CIRCLE, BANGALORE - 560080 AND MR. LAASER, MAJOR, S/O JAYASEELAN, 62 C/O AS

JUDGEMENT

(1.) THE appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained in a motor vehicle accident, has filed this appeal seeking enhancement. Brief facts are that on 03.12.2008 at about 6.00 p.m., when the appellant was proceeding on the left side of the road on N.H.4, Bangalore Kolar Road, the rider of the Motor Cycle bearing registration No. KA -04/ER -6259 came from back side riding the Motor Cycle in a rash and negligent manner and hit against the appellant, as a result the appellant sustained grievous injuries and took treatment in the hospital. He was a coolie earning Rs. 8,000/ - and in the circumstances the appellant having sustained disability has claimed the compensation on all the heads.

(2.) THE respondents appeared and contested the claim of the appellant. During the enquiry, the appellant was examined as P.W.1 and the doctor, P.W.2 and in their evidence the documents Exs.P -1 to P -10 are marked. The Tribunal after hearing the counsel for the parties and on appreciation of the materials on record, held actionable negligence on the part of the driver, the rider of the Motor Cycle and granted the compensation of Rs. 1,04,520/ - with interest at 6%. Dissatisfied with the amount of compensation, the present appeal has been filed.

(3.) THE point that arise for my consideration is: 1. Whether the appellant is entitled to enhanced compensation, if so to what extent?