SAMUDRA PATHAK Vs. UNITED INDIA INSURANCE CO , LTD

JUDGEMENT

(1.) THIS is a claimant's appeal against the impugned judgment and award dated 07/09/2011 passed in MVC No.8903/2009, by the III Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH -18), (for short 'Tribunal'), for enhancement of compensation.

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 11,18,600/ - under different heads with interest at 8% p.a., (excluding future medical expenses) from the date of petition till the date of deposit as against the claim made by the appellant for a sum of Rs. 50,00,000/ -, on account of the injuries sustained by him in the road traffic accident.

(3.) IN brief, the facts of the case are: The appellant claims to be aged about 29 years at the time of the accident. He was hale and healthy prior to the accident. That at about 6.15 p.m., on 13.9.2009, appellant was proceeding as a passenger in an Autorickshaw bearing No.KA.05.C.371 from Bommanahalli towards Garvebhavipalya on Hosur service road, Bangalore and when it reached near Nandi Toyota Showroom, at Garvebhavipalya, at that time, the driver of Maruthi van bearing reg.No.KA.01.P.5658 came with a rash and negligent manner from south to north direction against one way and dashed against autorickshaw and caused the accident. Due to which, appellant fell on road and sustained injuries to right zygomatic arch and right orbit fracture, closed fractures right femur and right patella fracture and right tibial condyle fractures and other injuries. Immediately, he was shifted to St.John's Medical College Hospital, Bangalore, where he took treatment as an inpatient from 13.9.2009 to 7.11.2009 on different occasions, undergone surgery, implants were inserted and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment.