MANJUNATHA Vs. SATHISH KUMAR, M.R. ESHWARA SHETTAR AND THE DIVISIONAL MANAGER, CHOLAMANDALAM, M.S. GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the impugned judgment and award dated 24/04/2013 passed in MVC No. 168/2011, by the Senior Civil Judge and JMFC, Member, Additional Motor Accident Claims Tribunal, Sagar and C/c. Additional Senior Civil Judge and JMFC, Member, Additional Motor Accident Claims Tribunal, Sagar, (hereinafter referred to as 'Tribunal' for short) for enhancement, on the ground that, Rs. 1,42,080/ - awarded by the Tribunal on account of the injuries sustained by him in the road traffic accident is inadequate. In brief, the facts of the case are: The appellant claims to be aged about 35 years and was hale and healthy prior to the accident. He met with an accident that occurred on 29.4.2010 at about 9.30 p.m. when he was proceeding in front of Talaguppa Police Station on account of the rash and negligent driving of the driver of the Toyoto Innova car bearing Reg. No. KA.02.M.C.4400 and sustained grievous injuries to his leg. Immediately, he was shifted to Government Hospital, Sagar, after first aid, he was shifted to Mc. Gann Hospital, Shimoga and then to VENLOCK hospital Mangalore. He took treatment as inpatient for 21 days in different hospitals, undergone surgery and implants were inserted and thereafter, on the advise of the Doctor he has taken bed rest and follow -up treatment.

(2.) IT is the further case of the appellant that, he spent considerable amount towards medical expenses, conveyance and other incidental charges. Due to the injuries sustained by the appellant, he has suffered permanent disability. The Doctor has assessed the disability at 19% to right lower limb. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of MV Act, claiming compensation against the respondents.

(3.) I have heard the learned counsel appearing for appellant.