S.B. RAMESH Vs. A.G. SURESH

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 25th February 2009, passed in MVC No.84/2006, by the II Additional Civil Judge (Sr.Dn) & Additional Motor Accident Claims Tribunal, Shimoga, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 9,20,000/-, awarded in his favour as against his claim for Rs. 38,50,000/-, is inadequate.

(2.) The appellant claims to be aged about 32 years and working as Cable Operator and also agriculturist by profession, earning a sum of Rs. 20,000/- per month. He was hale and healthy prior to the date of accident. That at about 6:30 A.M., on 09-08-2005, when the appellant was travelling from Mysore to his native place along with one Swamy Mallikarjuna and Mallaiah in the Fiat Car bearing Registration No.KA- 14/Z-8338, when it was proceeding towards Ulenahalli on Arasikere-Mysore Road, the said Car dashed against the Lorry bearing Registration No.KA-01/9239. Due to the impact, the appellant sustained grievous injuries to his forehead, right hand, shoulder, clavicle and vertebra. Immediately after the accident, he was taken to Government Hospital, Bangalore, where he took treatment as in-patient for a period of five months and still under treatment.

(3.) It is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated adequately.