SURESHA V. Vs. SHRINIVAS BABAJI SHRIPAT

JUDGEMENT

(1.) This is a claimant's appeal directed against the impugned judgment and award dated 16.06.2011 passed in MVC No.8810/2009 on the file of the Principal MACT and Chief Judge, Court of Small Causes, Bangalore (hereinafter referred to as 'Tribunal' for brevity). The Tribunal by its impugned judgment and award awarded compensation of a sum of Rs. 5,06,570/- with interest at 6% per annum from the date of petition till the date of realization as against the claim for Rs. 30,00,000/- on account of the injuries sustained in the road traffic accident. Being aggrieved by the quantum of compensation, the claimant felt necessary to present this appeal.

(2.) The brief facts of the case are: The appellant claims that he was aged about 24 years, working as Fitter and earning income of Rs. 7,000/- p.m. He was hale and healthy prior to the accident. When things thus stood, that on 21.08.2009 at about 4.15 p.m., when the appellant was riding the Motorcycle bearing registration No.KA-51/R-4642 along with his friend as a pillion from Yelahanka towards Maruthinagar in order to go to the house of his relatives, when they reached Kogilu Cross Junction on B.B.Road at Yelahanka, a Maruthi Alto LXI Car bearing registration No.KA 04 MG 2878, came from southern direction in order to go to northern direction in a rash and negligent manner and dashed against the Motorcycle. Due to the impact, he fell down and sustained head injuries apart from other fractures. Immediately, he was shifted to Colombia-Asia Hospital, where he was given first aid treatment and thereafter, shifted to NIMHANS. He was treated as an inpatient from 21.08.2009 to 28.08.2009, on account of the accidental injuries. Due to the injuries suffered by him, his memory is lost and is mentally disordered. He has suffered 100% disability since the memory of the appellant is completely lost. He has also undergone one surgery and admitted in the hospital for a period of 15 days. He therefore, has filed the petition through his mother and the next friend. It is the case of the appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges and medical expenses.

(3.) On account of the injuries sustained in the road traffic accident, the appellant was constrained to file a claim petition under Section 166 of the M.V.Act before the Tribunal seeking compensation for a sum of Rs. 30,00,000/- against the respondents. The Tribunal after assessing the oral and documentary evidence and other relevant material available on the file allowed the claim petition in part awarding compensation of Rs. 5,06,570/- with interest at 6% p.a. from the date of claim petition till the date of realisation. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented the instant appeal seeking enhancement contending that the compensation awarded by the Tribunal is inadequate.