VIJAYKUMAR. P. S/O. SRI. PUTTASWAMY Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, NOW AT CHRISTU COMPLEX, LAVELLE ROAD, BANGALORE 560001, NO. 1108/A. 10TH MAIN ROAD RPC LAYOUT, VIJAYANAGAR BANGALORE-560040, SRI. MOHAN SINGH, S

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 compensation. The facts reveal that on 24.7.2007 at about 11.30 p.m. on B.N.Road, near Harding Circle, Mysore, the appellant was an occupant of the Car bearing Reg.No. KA 02 MA -8874 driven by its driver and while taking a turn to the right side, the proper signal was given and at that time, a KSRTC Bus bearing Reg.No. KA -19 F -1973 driven in a rash and negligent manner came and hit the Car and thereby, the appellant sustained grievous injuries. He was treated at Gayathri Hospital and said to have suffered disability. He was working as a Contractor and in the circumstances, claimed compensation for the injuries sustained. The respondents have contested the claim.

(2.) DURING the enquiry, the appellant was examined as PW.1 and two witnesses PWs.2 and 3 and in their evidence got marked the documents Exs.P.1 to P.15. The respondents did not lead any evidence. The Tribunal after hearing and on appreciation of the material on record, held actionable negligence on the part of the driver of the Bus and granted compensation of Rs. 2,21,246 -00 with interest at 6% p.a. Dissatisfied with the amount of compensation, the present appeal has been filed.

(3.) THE appellant admittedly has suffered fracture of right femur and the documents at Exs.P.6 and 7 confirm the said fracture. He was an inpatient in Gayathri Hospital from 25.07.2007 to 01.08.2007 and underwent surgery on 27.07.2007. Taking into consideration the nature of the fracture, the pain, suffering and mental agony undergone, the Tribunal has rightly granted compensation of Rs. 30,000/ - under this head.