B. SIDDARAJU Vs. C. SWAMY AND OTHERS

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 31st July, 2007 passed in MVC No. 1730/2005 by the Additional District Judge and Motor Accident Claims Tribunal, Mandya, (for short, "Tribunal") for enhancement of compensation on the ground that, the compensation of Rs. 3,00,000/-, is inadequate. The appellant claims to be aged about 28 years and doing business in eggs, earning a sum of Rs. 4,500/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 8:10 p.m. on 20th March, 2003, when the appellant was going as a pillion rider on a motorcycle bearing Registration No. KA-05/FJ-1006, near Maddur, Old M.C. Road, near inner gate of the Government General Hospital, on account of rash and negligent driving by the rider of the said vehicle is not in dispute. It is also not in dispute that the appellant has sustained bleeding from right ear, multiple abrasions on the face and moderate head injury. CT scan disclosed mild diffuse cerebral edema and when the appellant was examined, it revealed impairment in motor speed, category fluency, working memory and comprehension. Due to the injuries sustained in the accident, he was shifted to the Government Hospital, at Mandya and thereafter, to NIMHANS, Bangalore and thereafter, to one Balaji Nursing Home at Bangalore. In all, he to treatment for about 8 days as inpatient and thereafter, took follow-up treatment.

(2.) It is his further case that, on account of the accident, he sustained injuries stated above and the Doctor has stated has the aforesaid injuries are suggestive of pre-dominant frontal lobe injury but, it may be temporary and the current disability is 25-30% and the appellant cannot do independent business due to lack of concentration and working memory. For the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medial expenses and other incidental expenses and therefore, he has to be compensated reasonably.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 3,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 31st July, 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in apart, awarding a sum of Rs. 69,000/- under different heads, with interest at 8% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the amount is in appeal before this Court, seeking enhancement of compensation.