NANJUNDAPPAALIAS NANJUNDA Vs. L. MOHAN AND THE MANAGER

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 6th February 2009, passed in MVC No. 3816/2003, by the XIII Additional Small Cause Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH -15), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 1,52,000/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 13,20,000/ -, is inadequate. The appellant claims to be aged about 18 years and working as an electrician, earning a sum of Rs. 500/ - per day and was hale and healthy prior to the date of accident. That the occurrence of accident at about 9:45 P.M., on 15 -03 -2008, near Doddakere Tank Bunt Road, on account of rash and negligent riding by the rider of Motor Cycle bearing Registration No. KA -02/EH -9976 is not in dispute. It is also not in dispute that the appellant has sustained FMI fracture zygoma fracture nasal bone and he was treated with zygoma elevation + orbital ribs open reduction, internal fixation + nasal bone reduction orch/application. Due to the injuries sustained in the accident, he was shifted to Hosmat Hospital, where he was in -patient from 16 -03 -2008 to 25 -03 -2008, for a period of nearly ten days.

(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 the Insurer.