PANDI SUVARNA, REP. BY HIS WIFE, SMT. SAROJINI POOJARY Vs. RAVI POOJARY AND THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant appellant is directed against the impugned judgment and award dated 07/07/2012 passed in MVC No. 327/2011, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Karkala, (for short 'Tribunal'), for enhancement of compensation on the ground that, the compensation of Rs. 1,07,827/ - awarded by the Tribunal under different heads as against the claim of Rs. 10,00,000/ -, on account of the injuries sustained by him in the road traffic accident, is inadequate. The appellant claims to be aged about 67 years as on the date of the accident and he was hale and healthy prior to the accident. That on 27.8.2010 at about 7.30 p.m. when the appellant was walking with his wife Smt. Sarojini by the left side of Parappady -Barady public road near Ermanjele palla of Nitte village, at that time, the driver of Bajja Auto Rickshaw bearing No. KA.20.B.3477 came in a rash and negligent manner and dashed against him from his backside. Due to which, he sustained injuries. Immediately, he was taken to Primary Health Centre, Nitte, thereafter, after taking first aid, he was shifted to Justice K.S. Hegde Charitable Hospital, Deralakatte, Mangalore, where he had taken treatment as inpatient for 19 days, undergone surgery and thereafter, he has taken bed rest and follow up treatment.

(2.) IT is the further case of the appellant that he spent considerable amount towards medical expenses and other incidental charges and on account of the injuries sustained by him, he has suffered permanent disability. Therefore, he has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.

(3.) I have heard the learned counsel appearing for the appellant.