K JAGANNATH RAI Vs. GANGARATHNA C BAI

JUDGEMENT

(1.) THE appellant is the claimant-petitioner in M. V. C. No. 744 of 1996 on the file of the Motor Accidents claims Tribunal, Dakshina Kannada at mangalore (for short, the Tribunal) filed under section 166 of the Motor Vehicles act, 1988 (for short, the Act ). In the said m. V. C. , the appellant claimed total compensation of Rs. 6,00,000 from the respondent for personal injuries suffered by him in an accident occurred on 27. 2. 1996 involving the motor vehicle of the respondent. The Tribunal has awarded total compensation of Rs. 59,190 with court costs and interest on the said amount at 6 per cent per annum from 17. 6. 1996 up to the date of payment. The appellant not being satisfied with the quantum of compensation awarded by the Tribunal has preferred this appeal under section 173 (1) of the act.

(2.) THE facts of the case, in brief, are as under: Appellant is a businessman carrying on business in the name and style, Milton (India) Pharmaceuticals, in Balmata, mangalore. Appellant was a very wealthy person and was regularly playing tennis. On 27. 2. 1996, after he played tennis at kadarigudda, Mangalore, he was returning home on a Kinetic Honda scooter bearing No. KA 19-H 6124 from Nanthoor towards Kaikamba. When he reached SCS petrol bunk at Baikarnakatta, a lorry bearing No. KA 19-1230 owned by respondent No. 1, insured by the respondent No. 2 and driven by the respondent No. 3, came with high speed being driven in a most rash and negligent manner by the respondent No. 3 and dashed against the scooter of the appellant. As a result of the accident, the appellant suffered serious head injury and lost consciousness. The appellant was admitted to SCS Hospital, Mangalore and regained consciousness after five days. The appellant was an inpatient from 27. 2. 1996 to 13. 3. 1996. As a result of the accident, the appellant became totally deaf on the right ear and lost his mental equilibrium and lost the hearing capacity in the ear to an extent of 20 per cent. His eyesight got diminished and his speech has become slurred. Appellant cannot tolerate the noise and is suffering from anxiety, depression and loss of memory. On account of the mental and physical disabilities suffered in the accident, the appellant cannot carry on his business as usual. The appellant can no longer drive two-wheeler or four-wheeler. Appellant is totally disabled from attending to his regular activities and enjoyment of life. After the accident the appellant quite often suffered from nervous breakdown and was brought to NIMHANS, bangalore on several occasions for advice and treatment.

(3.) THE appellant on the basis of the above allegation filed a claim petition before the Tribunal under section 166 of the Act claiming total compensation of rs. 6,00,000.