JAYAPPA Vs. K G KALLINATHA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the common judgment and award dated 20th February, 2009, passed in M.V.C, No. 201/2008, by the Principal Civil Judge (Sr. Dn) and Additional Motor Accident Claims Tribunal, Davangere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of? 25,000/ - with interest @ 7% p.a. awarded in favour of the claimant as against his claim for Rs.5,00,000/ - is inadequate.

(2.) THE appellant claims to be aged about 20 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 9.30 p.m. on 3 -10 -2007, when the appellant alongwith others was travelling in a Kalleshare Private Bus bearing Registration No. KA -16/D - 3825, from Jagalur towards their respective villages, as passengers, due to rash and negligent driving by the driver of the said Bus near Kechenahalli village, is not in dispute. It is also not in dispute that the appellant has sustained grievous injuries and due to the said injuries sustained in the accident, he took treatment in Government Hospital, Jagalur for first -aid and thereafter shifted to C.G. Hospital, Davangere for further treatment, where he was in -patient for nearly 7 days from 3 -10 -2007 to 9 -10 -2007.

(3.) THE learned Counsel for appellant contends that the Tribunal has erred in not awarding reasonable compensation under all the heads and therefore, reasonable compensation may be awarded under all the heads by modifying the impugned judgment and award passed by Tribunal.