MALLI ALIAS MALLIKARJUNA Vs. DIVISIONAL CONTROLLER, NEKRTC

JUDGEMENT

(1.) APPELLANT is the claimant, being unsatisfied with the quantum of compensation awarded in MVC No. 461/2008, dated 05.03.2010 by the Motor Accidents Claims Tribunal, Bellary (hereinafter referred to as 'the Tribunal' for short) filed this appeal seeking for enhancement of compensation. It is the case of the claimant that on 21 -1 -2008 after getting down from the autorickshaw at Devalapura cross, he was proceeding towards his house at about 7.30 p.m. At that time, a bus belonging to the NEKRTC ('Corporation' for short) bearing registration No. KA -36/F -513 came from Bellary side driven by its driver in a rash and negligent manner and dashed against the claimant and other two pedestrians. Due to the accident, the claimant sustained injuries. He was shifted to VIMS hospital at Bellary. Thereafter he has taken treatment in St. Mary's Hospital, Bellary and subsequently he had taken treatment in NIMHAS hospital at Bangalore. In the claim petition, it was contended that due to the head injury and. other injuries sustained to the various parts of the body, he has sustained huge loss and sought for compensation of Rs. 7,00,000/ -.

(2.) THE respondent filed written statement denying the entire averments made in the claim petition and also contended that due to the negligence on the part of the claimant that he suddenly crossed the road, the accident has occurred and sought for dismissal of the claim petition.

(3.) SRI . Manjunatha G. Patil, learned Counsel appearing for the appellant contended that the compensation awarded by the Tribunal is on the lower side. The claimant is an agriculturist by profession. The accident had occurred in the year 2008 and the income taken by the Tribunal at Rs. 3,000/ - p.m. is on the lower side. Even the daily wagers would earn more than Rs. 3,500/ - p.m. He further submitted that though the doctor had assessed the disability to an extent of 35% to the whole body, the Tribunal has taken only 10% and sought for enhancement of compensation.