M. MUNIRAJU Vs. THE ORIENTAL INSURANCE CO., LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 7th July 2010 passed in MVC 1'109728/ 2008 by the XI Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, (for short, Rs. Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,09,230/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 3,50,000/ -, is inadequate. The appellant claims to be aged about 38 years and hale and healthy prior to the date of accident. That the occurrence of accident at about 1:30 P.M, on 17 -09 -2008, when the appellant along with another was going in a Motorcycle bearing Registration No. CTO -2715, at Peenya Industrial Area, near FFI Factory, 3rd Phase, Bangalore -58, due to rash and negligent driving by the driver of Tanker bearing No. KA -04/D -2772, is not in dispute, It is also not in dispute that the appellant has sustained concussive head injury with bifrontal hemorrhage, fracture of occipital bone, diffused cerebral edema and abrasion left temporal region and leg and the said injuries are grievous in nature. Due to the said injuries sustained in the accident, he was shifted to Srinivas Hospital.

(2.) IT is his further case that, on account of the injuries sustained in the accident, he has undergone severe pain and agony and for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical 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. 3,50,000/ - against the respondents. The said claim petition had come up for consideration before the Tribunal. on 7th July, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,09,230/ - under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.