PUTTA Vs. C.K. NAGARAJU

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 7th September, 2006, passed in MVC No. 59 of 2003, by the Civil Judge (Senior Division), Motor Accident Claims Tribunal Maddur (for short, 'Tribunal') for enhancement of compensation 'on the ground that, the compensation of Rs. 1,00,000/- with interest at the rate of 6% p.a. awarded in favour of the claimant as against his claim for Rs. 15,00,000/-, is inadequate. The appellant claims to be aged about 28 years and a businessman, earning a sum of Rs. 250/- to Rs. 350/- per day and hale and healthy prior to the date of accident. That the occurrence of accident at about 6:00 p.m., on 2-1-2003, when the appellant was standing in the Hanakere Circle for waiting the Bus to go to Thoreshettahalli, on account of rash and negligent riding by the rider of Bajaj Boxer bearing No. KA-11/K-3481, is not in dispute. It is also not in dispute that, the appellant has sustained injuries to head, legs, ear hugging bleeding from the ear at the above right eyebrow and fracture of parietal bone and also injuries on the neck. Due to the injuries sustained in the accident, he was shifted to Mandya District Hospital, where he took treatment from 1-1-2003 to 13-1-2003 and thereafter referred to JSS Hospital, Mysore and also to Holds Worth Memorial Hospital and thereafter advised to get himself admitted at Mandya Government Hospital and subsequently, he was referred to Minto Eye Hospital.

(2.) It is his further case that, on account of the accident, he sustained injuries stated above and for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor, Vehicles Act, 1988 before the Tribunal, seeking compensation of a sum of Rs. 15,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 7th September, 2006. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part awarding a sum of Rs. 1,00,000/- under different heads, with interest at 6% per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.