GANAPA Vs. AKBAR SHERIF

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 9th January 2009, passed in MVC No.62/2008, by the Principal Civil Judge(Sr.Dn), Additional Motor Accident Claims Tribunal, Udupi, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.55,600/ with interest @ 8% p.a. awarded in favour of the claimant as against his claim for Rs.3,25,700/ , is inadequate.

(2.) THE appellant claims to be aged about 45 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 7:45 P.M, on 27 08 2007, when the appellant was proceeding on his cycle, near supreme Feeds of Heroor village, due to rash and negligent driving by the driver of Lorry bearing Registration No.KA 25/B 823, is not in dispute. It is also not in dispute that the appellant sustained CLW of about 2x1x1/2 cm over right elbow and fracture T12 & L, spine and took treatment as in patient for a period of three days.

(3.) THE learned counsel for appellant contends that, the Tribunal has erred in not awarding reasonable compensation towards conveyance, nourishing food and attendant charges and loss of amenities, discomfort and unhappiness and therefore, reasonable compensation may be awarded under all the heads by modifying the impugned judgment and award passed by Tribunal.