A N MANJUNATH Vs. SHIVASHANKAR A R

JUDGEMENT

(1.) THOUGH this appeal is posted for orders, with the consent of the learned counsel appearing for the parties, the appeal is taken up for final disposal.

(2.) THIS appeal by the claimant is directed against the impugned judgment and award dated 16th February 2012, passed in MVC No.1379/2010, by the Additional Senior Civil Judge Motor Accident Claims Tribunal, Srirangapatna, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 2,15,000/ -, awarded in his favour as against his claim for Rs. 25,00,000/ -, is inadequate.

(3.) THE appellant claims to be aged about 48 years and doing Hotel business, earning a sum of Rs. 10,000/ - per month. He was hale and healthy prior to the date of accident. That at about 1:00 P.M., on 22 - 08 -2010, when the appellant was travelling in a Gajanana bus bearing Registration No.KA -20/1808, driven by its driver, from Mysore towards Arakere, along with his things, near Halappana Mori, Kalisiddanahundi village, on Mysore -Mandya Road, due to high speed, the driver of the said Bus lost control over the bus and as a result of the same, the Bus turtled and fell into the road side land and thus the accident occurred and due to the impact, the appellant sustained abrasion over the left side of forehead 1/2 x 1/2 cm. blood cot; swelling and tenderness of left fore arm and shoulder, injury to his left ear and injury over the chest and other injuries. Immediately, he was shifted to K.R. Hospital, Mysore, where X -ray of chest and left shoulder was taken which revealed fracture of upper end of left humerous with displacement (Fracture surgical neck humorous left with radial palsy). He also underwent surgery and ORIF with rush pins inserted by applying POP. He took treatment from 22 -08 -2010 to 08 -09 -2010 and from 13 -10 -2010 to 20 -10 -2010 and spent huge amount towards conveyance nourishing food and attendant charges apart from medical and incidental expenses.