KISHAN @ KRISHNAN, S/O. MURALIDHAR Vs. MANJULA G.

JUDGEMENT

(1.) THE appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained in a motor vehicle accident has preferred this appeal seeking enhancement. It is on 27.7.2007 at about 11.30 p.m., when the appellant was proceeding as a pillion rider on the motor cycle on Benniganahalli -Kasturinagar 2nd Main Road, the driver of Tata Sumo Jeep bearing Registration No.KA -03 B -8922 came from the opposite direction driven in a rash and negligent manner and hit the motor cycle. The appellant sustained severe injuries. He was treated at St.John's Medical College Hospital. He suffered disability and hence he claimed the compensation for the injuries sustained.

(2.) THE respondents appeared before the Tribunal and contested the claim. During the enquiry, the appellant examined himself as PW. 1 and the Doctor PW.2 and in the evidence got marked Exs.P. 1 to P. 13. The Tribunal on appreciation of the material on record granted compensation of Rs. 1,17,000/ - with interest at 6% p.a. Dissatisfied with the amount of compensation, the present appeal has been filed.

(3.) THE actionable negligence on the part of the driver of the Jeep has attained finality. Hence, the question is only with regard to the quantum of compensation. The appellant has sustained the fracture of right leg both bones and fracture of proximal phalynx right leg big toe in addition to the other simple injuries. Considering the nature of the fracture and the period of treatment, the Tribunal has granted compensation of Rs.36.000/ - for pain and suffering and it appears to be just and reasonable.