MASTER GNANASHEKAR Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 21st June 2008, passed in MVC No. 3179/2007, by the IX Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Bangalore (SCCH-7), (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 60,000/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 5,00,000/-, is inadequate. The appellant claims to be a minor aged about 61/2 years, represented by his natural guardian, father and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 10:00 P.M., on 07-03-2007, when the appellant was standing along with his father, to cross the road on K.G. Nagar Main Road, due to rash and negligent riding by the rider of Motor Cycle bearing Registration No. KA-12/II-1226, is not in dispute. It is also not in dispute that the appellant has sustained fracture to both bones of lower one third of right leg and the same is grievous in nature. Immediately he was shifted to KIMS Hospital, where he was treated as in-patient.

(2.) It is his further case that, on account of the injuries sustained in the accident, he has undergone severe pain and agony and for the treatment of the said injuries, his parents have 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. 5,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 21st June, 2008. 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. 60,000/- 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.