LAWS(KAR)-2012-7-119

LAKSHMI PATHI Vs. T N NAGARAJU REDDY

Decided On July 06, 2012
LAKSHMI PATHI Appellant
V/S
DIVISIONAL MANAGER Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 27th August 2007 passed in MVC No. 557/2006 by the XII Additional Judge and Member, Motor Accident Claims Tribunal, Bangalore, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.72,400/- (but wrongly mentioned as Rs.71,400/-) with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.6,00,000/-, is inadequate.

(2.) THE appellant claims to be aged about 34 years and working as a Driver, earning a sum of Rs.5,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 10:30 A.M, on 19-11-2005, while the appellant was crossing the road at Hosur Road near Muneshwar Temple in front of Ghousia College, on account of rash and negligent driving by the driver of a Car bearing No.KA-05/M-6724 is not in dispute. It is also not in dispute that the appellant has sustained fractural injury to his left ankle and as a result of the same he has suffered permanent disability. Due to the injuries sustained in the accident, he was shifted to the Hospital.

(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 and the Insurer.