HEMANTH KUMAR S A Vs. C C NANDA

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

(2.) THE appellant who sustained injuries in a road traffic accident occurred on 11.08.2003 filed a claim petition in MVC No.293/2004 before the MACT, Madikeri, seeking compensation under Section 166 of the Motor Vehicles Act, 1989 from the owner and Insurer of the Offending vehicle. The Tribunal by the impugned judgment and award has awarded compensation of Rs. 4,92,196/ - with interest at 6% p.a. from the date of petition till the date of realization and directed the Insurance Company to deposit the compensation amount.

(3.) THE claimant aggrieved by the quantum of compensation awarded by the Tribunal, has preferred this appeal seeking enhancement of compensation. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident that occurred on 11.08.2003 due to rash and negligent driving of the offending Tata sumo vehicle bearing Registration No.KA -03 -N -9998 by its driver and liability of the insurer of the offending vehicle, the only point that remains for our consideration is: