H.G. NAGENDRA Vs. RANGAPPA

JUDGEMENT

(1.) There is a delay of 65 days in filing the appeal. The delay is condoned. The claimant is not entitled for interest for the delay period on the enhanced compensation. This appeal is by the claimant seeking enhancement of compensation as against the award passed by the Principal Senior Civil Judge and CJM, Tumkur in MVC No. 1335 of 2007, dated 28-2-2011.

(2.) Claimant sustained injuries in the accident that occurred on 29-8-2007 in the night around 9.15 p.m. when he was proceeding from Kyathasandra on his Bajaj Pulsor Motorbike bearing No. KA-04:TC29. Near Muslim Hostel on B.H. Road, the driver of the Maruthi Esteem Car bearing No. KA 05:M 6868 came in a negligent manner and dashed against him due to which he sustained grievous injuries. He was shifted to General Hospital, Tumkur. He is said to have spent Rs. 2,00,000/- towards medical expenses and in the claim petition filed and matter being contested, the Tribunal having raised relevant issues, after enquiry having held that the accident was due to the negligence on the part of the driver of the Maruthi Esteem Car, awarded a compensation of Rs. 48,000/- on the following heads:

(3.) Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimant is in this appeal.