N D RAMESH BABU Vs. MANAGER

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 16th September 2009 passed in MVC No.17/2000 by the Presiding Officer, Fast Track Court, K.G.F., (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.93,715 /- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.3,00,000/-, is inadequate.

(2.) THE appellant claims to be aged about 29 years and hale and healthy prior to the date of accident. That the occurrence of accident on 18-02-1999, when the appellant was moving in a Yamaha Motor Vehicle from Nallur to Kammasandra, Koti Lingeshwara Temple, due to rash and negligent driving by the driver of vehicle bearing No.TN- 29/722, is not in dispute. It is also not in dispute that the appellant has sustained fracture of mandible, left lower limb and haemotoma at accipetal region. X-ray of skull AP shows the fracture of both muxillary bones, both frontal bones, fracture of body of mandible on the left. X-ray of carvical spine AP normal and CT scan of brain reveals about the fracture of anterior lateral and medial valve of both maxillary, both frontal bones fracture of body of mandible on the left. Due to the said injuries sustained in the accident, he was shifted to Malya Hospital, Bangalore for treatment.

(3.) THE learned counsel for appellant contends that the compensation awarded by Tribunal towards loss of one teeth and also towards loss of amenities, discomfort and unhappiness is on the lower side and is liable to be enhanced. Therefore, reasonable compensation may be awarded under the said heads and the impugned judgment and award may be modified accordingly.