RELIANCE GENERAL INSURANCE COMPANY LIMITED, EARLIER AT NO. 3, I FLOOR, MANANDI PLAZA, ST. MARKS ROAD, BANGALORE. NOW AT NO. 28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BANGALORE-560001. BY ITS DEPUTY MANAGER Vs. T.C. SANDEEP, S/O. C

JUDGEMENT

(1.) THIS appeal by the insurer is directed against the judgment and award dated 21st July 2010 passed in MVC No. 134/2009 by the Senior Civil Judge and Motor Accident Claims Tribunal, Tarikere, (for short, "Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 3,75,455/ - with interest 6% p.a. awarded in favour of the claimant as against his claim for 30,00,000 -, is inadequate. The facts in brief are that, the first respondent/injured claimant had filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 12:15 P.M, on 02 -04 -2009, he met with an accident, when he was travelling on apache RTR TVS Motor cycle along with his friend as pillion rider from his College on the left side of the road, on account of rash and negligent driving by the driver of Tempo bearing Registration No. KA -03/C -922. On account of the accident, he sustained grievous injuries on the right fore -head and right humerus. Due to the injuries sustained, he was immediately shifted to Baptist Hospital at Bangalore for treatment and then to M.S. Ramaiah Memorial Hospital at Bangalore. Thereafter, he was admitted as in patient from 02 -04 -2009 to 22 -04 - 2009, and underwent three operations and also radial nerve repair and later tender transfer was done and discharged on 22 -04 -2009 and advised to take treatment as ou -patient till the wound heeled.

(2.) ON account of the injuries sustained in the accident, the first respondent/claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 30.00 lakhs against the appellant and the owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 21st July, 2010. 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. 3,75,455/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit and directed the appellant Insurer to satisfy the award. Being aggrieved by the quantum of compel.) sation awarded by Tribunal, the Insurer is in appeal before this Court, seeking to modify the impugned judgment and award passed by Tribunal by reducing the compensation.

(3.) I 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/insurer. The first respondent is served and unrepresented.