K. NARAYANA REDDY Vs. SRI. BASAVARAJA, SRI. M.B. MALLIKARJUNA AND THE MANAGER, SRI. RAM GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 4th June 2011, passed in MVC No. 1034/2009, by the I Additional Senior Civil Judge and Motor Accident Claims Tribunal -V, Davangere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,45,400/ -, awarded in his favour as against his claim for Rs. 25,00,000/ -, is inadequate. The appellant claims to be aged about 50 years and agriculturist by profession and also doing coolie work, earning a sum of Rs. 10,000/ - per month. He was hale and healthy prior to the date of accident. That at about 11:15 A.M., on 09 -05 -2009, in between Muttugadur Sasalu Railway Station, when the appellant was proceeding by the left side of the road as a pedestrian, the driver of Tipper Lorry bearing registration No. KA -16/A -3082 came at a high speed, in a rash and negligent manner so as to endanger human life and dashed against the appellant. As a result, the appellant sustained grievous injuries and fractures and was immediately, shifted to S.S. Hospital, Davangere and thereafter to Kasturba Hospital, Manipal, where he took treatment as in -patient by spending huge amount.

(2.) 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 therefore, he has to be compensated adequately.

(3.) WE have heard learned counsel for appellant and learned counsel for third respondent/Insurance Company for considerable length of time.