N JAGANATH Vs. SABJAN KHAN P AND ORS

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 3rd August 2009, passed in MVC No.94/2006, by the Civil Judge (Sr.Dn) & Member, Additional Motor Accident Claims Tribunal, Hiriyur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,66,008/- (but wrongly calculated as Rs. 5,76,008/- by the Tribunal), awarded in his favour as against his claim for Rs. 22,00,000/-, is inadequate.

(2.) The appellant claims to be aged about 50 years and a Doctor by profession, practicing at Hiriyur, earning a sum of Rs. 15,000/- per month. He was hale and healthy prior to the date of accident. That at about 11:45 A.M., on 12-12-2005, when the appellant was proceeding to his house, on Scooty bearing Registration No.KA-06/U-5331, near Veerabhadra Swamy Stone Depot, Avadhani Nagara, Hiriyur, he met with an accident, on account of rash and negligent driving by the driver of Tractor-Trailor bearing Registration No.KA- 36/T-3173 and Trailor No.AP-02/U-5259, which came from T.B. Circle, Hiriyur. Due to the impact, the appellant sustained grievous injuries. Immediately, he was shifted to the Government Hospital, Hiriyur, where he took first aid and thereafter he has been referred to major Hospitals and he took treatment at Manipal Hospital, Bangalore as in-patient for about a month, where external fixture were applied to his left leg, rod was inserted to the left tibia and skin was grafted.

(3.) It is the case of the appellant that he sustained severe compound fracture of left tibia and fracture of scaphoid right wrist and other injuries all over the body and for the treatment of the said injuries, 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.