A DHARMAPAL GOWDA Vs. D UMMER

JUDGEMENT

(1.) THESE two appeals by the claimant and by the Insurer are directed against the impugned judgment and award dated 13.09.2011 passed in MVC No.1742/2006, by the II Additional District Judge and Member, Motor Accident Claims Tribunal -III, D.K., Mangalore, (hereinafter referred to as ' Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs. 6,48,400/ - under different heads with interest at 6% p.a., excluding Rs. 30,000/ - awarded towards future medical expenses from the date of petition as against the claim made by the claimant for a sum of Rs. 10,00,000/ -, on account of the injuries sustained by him in the road traffic accident. The claimant has filed an appeal for enhancement, on the ground that, the compensation awarded is inadequate and the Insurer has filed an appeal for reduction of compensation, on the ground that the compensation awarded by the Tribunal is on higher side and is liable to be reduced.

(3.) IN brief, the facts of the case are: The appellant claims to be aged about 48 years at the time of the accident. He was hale and healthy prior to the accident. That at about 4.00 p.m., on 7.8.2006, claimant was walking on the extreme side of the road at Guthigar in Sullia taluka within the limits of Subramanya Police station, at that time, the driver of Scorpio car bearing Reg.No.KA.21.M.4002 came in a rash and negligent manner from Sullia side and dashed against him. Due to which, he fell down on the road and sustained fractures and other injuries on his person. Immediately, he was shifted to Sullia Government Hospital and after first aid, he was shifted to Tejaswini hospital, where he took treatment as inpatient from 7.8.2006 to 11.9.2006, underwent surgery and thereafter, on the advise of the Doctor he has taken bed rest and follow up treatment.