B.N. DHANANJAYA Vs. K.R. SURESH KUMAR

JUDGEMENT

(1.) These two appeals by the claimant/injured and by the Insurer are directed against the same impugned judgment and award dated 20/12/2010 passed in MVC No. 9027/2009, by the XVI Additional Judge and Motor Accident Claims Tribunal, Bangalore City (SCCH-14), (hereinafter referred to as ' Tribunal' for short).

(2.) The Tribunal, by its impugned judgment and award, has awarded a sum of Rs. 10,19,000/- under different heads with interest at 6% p.a., excluding interest on the future medical expenses from the date of petition till the date of realization, as against the claim of Rs. 50,00,000/-, on account of the injuries sustained by the claimant in the road traffic accident. The claimant has filed an appeal for enhancement, on the ground that, the compensation awarded is inadequate and the Insurer has filed an appeal for reduction of compensation, on the ground that the compensation awarded by the Tribunal is on higher side.

(3.) In brief, the facts of the case are: The claimant was aged about 25 years at the time of the accident. He was hale and healthy prior to the accident and driver cum owner of Tata Ace goods tempo bearing Reg.No.KA.07.8215. That on 20.10.2009 at about 6.30 p.m. claimant being the driver cum owner of Tata Ace goods tempo bearing No.KA.07.8215 was going towards his village Bandahalli from Chintamani and when he reached near Oolavadi cross on Chintamani-Madanapalli road, at that time, the driver of Tata Indica car bearing No.KA.03.MD.4297 came from opposite direction in a rash and negligent manner on wrong side of the road and dashed against his vehicle. Due to which, the said vehicle got turtle and he sustained grievous injuries. Immediately, he was shifted to Government Hospital, Chintamani and after first aid, he was referred to Sanjay Gandhi Hospital, Bangalore and due to crush injury to his right hand, there was an auto amputation of right upper limb. For that, he has taken treatment at Sanjay Gandhi Hospital, Bangalore, as inpatient from 20.10.2009 to 6.11.2009, undergone surgery and from 25.5.2010 to 2.6.2010 undergone second surgery. Thereafter, he has taken bed rest and follow up treatment.