NAZEER AHMED Vs. K ARMUGAM

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 24th January 2009, passed in MVC No. 536/2006, by the Additional Civil Judge (Sr. Dn), Motor Accident Claims Tribunal, Tumkur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 3,80,553/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 16,00,000/-, is inadequate. The appellant claims to be aged about 48 years and working as a Driver in a Company, earning a sum of Rs. 6,000/- per month and was hale and healthy prior to the date of accident. That the occurrence of accident between 7:30 A.M. and 7:45 A.M., on 09-03-2006, near Kallipalya gate on Tank Bund from Gubbi-Bangalore road, when the appellant was an employee of one Sheshadri Agencies, Shimoga, was travelling in Eicher bearing Registration No. KA-14/9934, on account of rash and negligent driving by the driver of a Lorry bearing No. KA-01/AE-3555 is not in dispute. It is also not in dispute that the appellant has sustained fracture of right femur(shaft) mid and lower 3rd, fracture left shaft of femur upper 1/3rd, fracture left lower end of radius and ulnar styloid, fracture neck and greater bronchantes of right femur, fracture shaft of lower 1/3rd of fibula, abrasion over insolence, tenderness TL spine, fracture patella and upper end of tibia. Due to the injuries sustained in the accident, he was shifted to Kasturba Hospital, Manipal, where he was admitted as in-patient from 12-02-2006 to 22-02-2006, but as per case sheet, he was discharged on 31-03-2006.

(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.) On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 16,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 24th January, 2009. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,80,553/- under different heads, with interest at 6% per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.