RAMESH KARKERA Vs. KRISHNANANDA HOLLA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 7th February 2009, passed in MVC No. 73/2008, by the Member, Additional Motor Accident Claims Tribunal and Principal Civil Judge(Sr.Dn), Udupi, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.1,14,500/- with interest @ 8% p.a. awarded in favour of the claimant as against his claim for Rs.7,94,300/-, is inadequate.

(2.) THE appellant claims to be aged about 27 years and working as a Toddy Taper, earning a sum of Rs.9,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 10:45 A.M, on 06-10-2007, when the appellant was travelling on a Motor Cycle bearing No.KA-20/S- 654, near Neralthaya Garadi of Thenka Yermal village on NH-17, on account of rash and negligent driving by the driver of a Bus bearing No.KA-19/AE-1111 is not in dispute. It is also not in dispute that the appellant has sustained open head injury, laceration bone deep extending from forehead to vertex with depressed fracture of bilateral frontal bone, fracture base skull and right shoulder rotator, cuff injury with biceps tear. Due to the injuries sustained in the accident, he was shifted to the Hospital, where he was admitted as in-patient for a period of 25 days.

(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.7,94,300/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 7th February, 2009. 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.1,14,500/- 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 appellant is in appeal before this Court, seeking enhancement of compensation.