MANJUNATH, S/O. LATE NARAYANAPPA Vs. SMT. UMA, W/O RAJENDRA, C/O. R. JAYARAMA REDDY, 13TH CROSS, KAGGADASAPURA, C.V. RAMAN NAGAR, BANGALORE 560036 AND M/S. THE ORIENTAL INSURANCE CO. LTD., NO. 401/2, F-1 SWASTIKAS MANDI ARCADE, S.C. ROAD, OPP: S

JUDGEMENT

(1.) BEING aggrieved by the Judgment and Award dated 30 -7 -2007 passed by the Motor Accidents Claims Tribunal, Court of Small Causes, Bangalore, in MVC No.3440/2006. the claimant has filed this appeal seeking enhancement of compensation.

(2.) THE claim of the appellant is that at about 12:30 p.m. on 11 -5 -2006 when he was driving his car on Yalemallappa Shetty Keri Road near PWD Bricks factory, Bidarahalli Hobli, Bangalore East Taluk, a lorry bearing registration No. KA -08 -2198 came in a rash and negligent manner with high speed and dashed against the car. Due to the accident he suffered serious injuries and was on treatment in hospital. Thereafter, he filed a claim petition seeking compensation. The same was contested. The Tribunal, by its judgment and award, granted compensation of Rs. 1,32,000/ -along with interest at 6% p.a on Rs. 1,22,000/ -from the date of petition. Aggrieved by the inadequacy of compensation, the present appeal is filed seeking enhancement.

(3.) KEEPING in mind the evidence and nature of injuries suffered by the claimant, the Tribunal awarded a sum of Rs 30,000/ - towards pain and suffering. In view of the medical bills amounting to Rs.58,187,76 ps, a sum of Rs.65,000/ - was awarded towards medical expenses and incidental charges. A sum of Rs. 10,000/ - has been awarded towards subsequent cost of surgery likely to be incurred. Taking the income at Rs.3,000/ - p.m. for the laid -up period of four months a sum of Rs. 12,000/ - has been awarded. On the head of loss of amenities and future unhappiness, a sum of Rs. 15,000/ - is awarded. Thus, in all, a sum of Rs. 1.32,000/ - has been awarded.