NAGESH SHERIGAR Vs. MAHALAXMI

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 13th April 2009, passed in MVC No.289/2005, by the Civil Judge(Sr.Dn) and Motor Accident Claims Tribunal, Kundapura, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.15,600.00 with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.5,00,000.00, is inadequate.

(2.) THE appellant claims to be aged about 40 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 11:00 P.M, on 26-01-2005, when the appellant being loader was travelling in a Tempo bearing No.KA- 20/A-5000, near Panchayath Office, Japthi village, on account of rash and negligent driving by the driver of the said Tempo is not in dispute. It is also not in dispute that the appellant sustained grievous injuries. Immediately, he was shifted to Sridevi Nursing Home, Kundapura, where he took treatment as in-patient till

(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.