MAHABALESHWARA BHAT Vs. AARIEF

JUDGEMENT

(1.) Though this matter is posted today for orders, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal. This is a claimant's appeal for enhancement of compensation against the impugned judgment and award dated 18/01/2005 passed in MVC No.1068/2003, by the District Judge and Member, Motor Accident Claims Tribunal, Udupi, (hereinafter referred to as 'Tribunal' for short), on the ground that, a sum of Rs. 2,07,180/- awarded under different heads with interest at 6% p.a., on Rs. 1,92,180/- from the date of petition till realization, as against the claim of Rs. 15,00,000/-, on account of the injuries sustained by him in the road traffic accident is inadequate.

(2.) In brief, the facts of the case are: The appellant claims to be aged about 46 years at the time of the accident. He was hale and healthy prior to the accident and working as a School Teacher in Milagres High School at Kallianpur of Udupi Taluk. That on 6.7.2003 appellant was coming in his Scooter bearing Reg.No. KA.20.J.19 from Kallianpur towards Santhekatte and when he reached near Bharath Tile Factory at Ambagilu on NH.17, at that time, the driver of Bajaj Mini Door Tempo bearing Reg.No. KA.20.A.2122 came in a rash and negligent manner from opposite direction and dashed against his vehicle. Due to which, he sustained grievous injuries. Immediately, he was shifted to HITECH hospital at Udupi, where he took treatment as inpatient for 17 days, underwent emergency debridement plus K wire stabilization of CMC joints and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment.

(3.) It is the further case of the appellant that, he spent considerable amount towards medical expenses, conveyance and other incidental charges. On account of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the physical disability at 80% to left upper limb and at 20% to the whole body. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act claiming compensation against the respondents.