LAWS(KAR)-2012-7-411

UMESH SHETTY, UDUPI Vs. SATHISH BHAKTHA, UDUPI

Decided On July 26, 2012
Umesh Shetty, Udupi Appellant
V/S
Sathish Bhaktha, Udupi Respondents

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned common judgment and award dated 26th April 2007, passed in MVC No.1003/2005, by the Principal Civil Judge (Sr.Dn) & Member, Additional Motor Accident Claims Tribunal, Udupi, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 1,27,000/- awarded in his favour as against his claim for Rs. 15,89,000/-, is inadequate.

(2.) The appellant claims to be aged about 32 years and running a provision store, earning a sum of Rs. 500/- per day or Rs. 15,000/- per month. He was hale and healthy prior to the date of accident. That at about 9:00 P.M., on 29-05-2005, when the appellant was riding his Bajaj M 80 bearing Registration No.KA-20/J- 6843 from Athrady side towards side, near Kelaparkala on Udupi-Karkala road, a Car bearing Registration No.CRX-4777 came from wrong side, from Udupi towards Karkala side, being driven by its driver at high speed, in a rash and negligent manner and dashed against the Bajaj M-80. Due to the impact, he sustained grievous injuries and immediately he was shifted to KMC Hospital, Manipal, where he took treatment as an in-patient for a period of 19 days.

(3.) It is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated adequately.