SHRI. H.K. RANGANATH Vs. M/S. ARUNACHALA LOGISTICS (P) LIMITED, SRI. SUBBA REDDY AND THE NEW INDIA ASSURANCE COMPANY LIMITED REPRESENTED BY ITS REGIONAL MANAGER

JUDGEMENT

(1.) THOUGH this appeal is posted for admission, by consent of learned counsel appearing for the parties, it is taken up for hearing and disposed off by this judgment. This appeal by the claimant is directed against the impugned judgment and award dated 8.4.2011 passed in MVC No. 7838/2009 on the file of the XII Addl. Small Causes Judge and Member, MACT, Bangalore.

(2.) THE Tribunal by its impugned judgment and award has awarded a sum of Rs. 1,36,280/ - with interest at 6% p.a. from the date of petition till its realization, on account of the injuries sustained by the claimant in the road traffic accident.

(3.) THE brief facts of the case on hand are, appellant was aged about 27 years as on the date of accident and was hale and healthy. By profession he was a car driver and earning Rs. 10,000/ - per month. He has filed the claim petition under Section 166 of the MV Act claiming compensation against the respondents on account of the injuries sustained in the road traffic accident that occurred on 23.7.2009 at 10.30 p.m. on Madhuguri -Hindupur road when the claimant was going on his TVS moped bike bearing registration No. KA -06 -EA -5674 near Muslim Burial ground within the limits of Gondihalli due to the rash and negligent driving by the driver of the offending lorry bearing registration No. AP -09 -Y -7643, which dashed against hind portion of the bike, due to the impact, he has sustained fracture of both the bones of forearm i.e., ulna and radius of right upper limb, on account of which, initially, he was treated in the Government Hospital, Madhugiri and thereafter at District Hospital, Tumkur. He has taken treatment as inpatient from 24.7.2009 to 4.8.2009 for a period of 12 days and has spent reasonable amount towards conveyance, nourishing food, attendant charges and also medical expenses. He has examined P.W. 3 -Doctor, who after physical examination has assessed the disability at 40% to the right fore limb and 10% to the whole day. On the advice of the Doctor he has taken bed rest and follow up treatment. He has suffered discomfort and unhappiness and it persists throughout his life. He also requires some amount towards future medical expenses. The said matter had come up before the Tribunal for consideration. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence on record, has allowed the claim petition in part awarding Rs. 1,36,280/ - with 6% interest from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed, the appellant/claimant has filed this appeal seeking enhancement of compensation.