VENKATESH R Vs. DIVISIONAL MANAGER, KSRTC

JUDGEMENT

(1.) This appeal by the appellant- claimant for enhancement of compensation is directed against the impugned judgment and award dated 06/06/2005 passed in MVC No.338/2001 by the VI Additional SCJ and Motor Accident Claims Tribunal, Bangalore (SCCH-2), (for short ' Tribunal').

(2.) The Tribunal, by its judgment and award has awarded a sum of Rs. 50,000/- under different heads, after deducting 50% towards contributory negligence on the part of the appellant, with interest at 7% per annum from 19.3.2004 till its deposit as against the claim of the appellant for a sum of Rs. 5,00,000/-, on account of the injuries sustained by him in the road traffic accident.

(3.) In brief, the facts of the case are: The appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondent on account of the injuries sustained by him in the accident that occurred on 16.11.1999 at about 7.30 a.m. on KGFBetamangala road on account of negligence on the part of the driver of the KSRTC Bus bearing No.KA.04.F.116 while he was riding the motor cycle bearing Reg.No.KA.04.C.7869. In the said accident, appellant has sustained fracture of shaft humorous, compound fracture both bones upper third right leg, fracture of shaft right femur, fracture medial malleolous right ankle as per wound certificate. For that, he has taken treatment at Sanjay Gandhi Hospital for 06 months as inpatient, undergone seven surgeries, implants were fixed and thereafter, on the advice of Doctor, he has taken bed rest and follow up treatment.