SHANKARAGOWDA Vs. MOHAMMAD AKRAM

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement of compensation against the impugned judgment and award dated 13/03/2006 passed in MVC No.2060/2005, by the Additional District Judge and Motor Accident Claims Tribunal, Mandya, (hereinafter referred to as 'Tribunal' for short), on the ground that, a sum of Rs. 62,000/ - awarded with interest at 8% p.a., from the date of petition till the date of deposit or payment, as against the claim of Rs. 5,00,000/ -, 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 30 years at the time of the accident. He was hale and healthy prior to the accident and doing agriculture owning 2 acres of land and also working as commission agent for paddy and coconut and earning Rs. 5,000/ - per month. That on 24.8.2000 at about 3.15 p.m. appellant was going in an autorickshaw bearing No.KA.11.3324 near Kommenahalli on K.R.Pet -Akkihebbal road, at that time, the driver of the said autorickshaw drove the same in a rash and negligent manner and due to which, the said autorickshaw capsized and thereby caused accident. Due to which, appellant sustained grievous injuries. Immediately, he was shifted to K.R.Hospital, Mysore, where he took treatment as inpatient on two occasions, totally for 38 days, underwent surgery on 29.8.2000 and implants were inserted and thereafter implants were removed and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 62,000/ - as compensation under different heads with interest at 8% p.a., from the date of petition till the date of deposit or payment.