NAGARAJ P. Vs. SRI. AZMAL PASHA, SRI. C. KUMARA SWAMY AND M/S. UNITED INDIA INSURANCE COMPANY LTD. REP. BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 31st December 2010, passed in MVC No. 953/2009, by the Fast Track Court and Additional Motor Accident Claims Tribunal -II, Bhadravathi, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,89,000/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 21,50,000/ -, is inadequate. The appellant claims to be aged about 40 years and working as a Mason, earning a sum of Rs. 7,500/ - per month and was hale and healthy prior to the date of accident. That the occurrence of accident at about 07:30 P.M., on 27 -04 -2009, when the appellant was riding the motor cycle bearing Registration No. KA -18/L -1285, on account of rash and negligent driving by the driver of Luggage carrying Trax bearing Registration No. KA -15/4496 is not in dispute. It is also not in dispute that the appellant has sustained grievous injuries and was shifted to Mc. Gann Hospital, Shivamogga and then to Wen -lock Hospital, Mangalore.

(2.) IT is his further case that, on account of the accident, he sustained injuries stated above 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.) I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and also the Insurer.