(1.) This is a claimant's appeal against the impugned judgment and award dated 13/03/2009 passed in MVC No. 40/2007 by the Civil Judge(Sr.Dn) and Additional CJM, Motor Accident Claims Tribunal, Arasikere, (for short 'Tribunal'), for enhancement, on the ground that, Rs. 5,80,200/- awarded by the Tribunal against the claim of Rs. 40,00,000/-, on account of the injuries sustained by him in the road traffic accident is inadequate.
(2.) In brief, the facts of the case are: The appellant claims to be aged about 44 years at the time of the accident. He was hale and healthy prior to the accident and working as Chief Reporter in Eesanje Kannada Evening Daily paper. That at about 4.30 a.m., on 14.2.2006, while the appellant was going in a motor cycle bearing No.KA.06.U.6893 as a pillion rider and the said motor cycle was ridden by one Byresha from Belagumba to Tiptur and while going near Mylanahalli gate on NH 206 slowly and carefully on the left side of the road, at that time, the driver of the KSRTC bus bearing Reg.No.KA.09.F.2940 came from opposite direction in a high speed and dashed against the motor cycle, as a result, he sustained compound fracture and dislocation of right ankle and other grievous injuries over the right lower limb an left hand. Immediately he was taken to Government hospital Tiptur and then shifted to Panacea hospital, Bangalore, where he took treatment as inpatient for 75 days, underwent 12 major operations and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.
(3.) It is the further case of the appellant that he spent considerable amount towards medical and other expenses and on account of the injuries sustained by him as referred above, he has suffered permanent disability. The Doctor has assessed the disability at 45% to the right leg and at 15% to the whole body. Therefore, appellant has filed a claim petition before the Tribunal , under Section 166 of M.V. Act, claiming compensation against the respondents.