ILAYARAJA Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 21st October 2010, passed in MVC No.7653/2009, by the VIII Additional Judge & Member, Motor Accident Claims Tribunal-V, Court of Small Causes, Bangalore City, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 1,69,800/-, awarded in his favour as against his claim for Rs. 20,00,000/-, is inadequate.

(2.) The appellant claims to be aged about 21 years and a Mason by profession, earning a sum of Rs. 6,000/- per month. He was hale and healthy prior to the date of accident. That at about 10:00 P.M., on 25- 10-2009, when the appellant was on the left side of the Benson Town road with his Motor Cycle bearing Registration No.KA-03/EE-1326, at that time, a Cantor Lorry bearing Registration No.KA-06/8107 came at a high speed, in a rash and negligent manner and dashed against him. Due to the impact, the appellant sustained grievous injuries. Immediately, he was shifted to Bowring Hospital and thereafter to Dr. Ambedkar Medical College Hospital.

(3.) It is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and he sustained grievous injuries including fractures and was in-patient in two different hospitals and therefore, he has to be awarded reasonable compensation.