IBRAHIM Vs. RAJU

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the II Addi. MACT, Karwar in MVC 223/2000 by order dated 17.8.2004, for the injuries sustained by him in a motor accident.

(2.) THE claimant who is the appellant is said to have met with an accident on 23.4.2000 while he was travelling in a tempo bearing registration No. KA 30 4307 from Bhatkal to Idugunji. The tempo in which he was travelling reached Karagutaki Cross on Mavinakatte -Idagunji road around 3.30 p.m., due to the rash and negligent driving of the driver of the tempo, the door of the tempo got unlocked and the petitioner fell on the road and sustained grievous injuries. The claimant was treated at Kasturba Hospital, Manipal between 23.4.2000 and 5.6.2000. Contending that he had become permanently disabled, he filed a claim petition seeking amount of Rs. 3 lakhs before the Tribunal. The said petition was contested by the Insurer. Based on the pleadings, as many as four issues were raised by the Tribunal Holding that the driver, of the tempo was negligent, the Tribunal awarded a sum of Rs. 1,49,440/ -with 8% interest from the date of the petition till realisation. Being not satisfied with the quantum of compensation awarded, this appeal has been preferred seeking for enhancement

(3.) IT is the submission of the learned counsel for the appellant that due to the accident, the claimant has suffered fracture of the pelvis bone and as per the opinion of the Doctor, the claimant has become impotent and his marriage prospect is lost and that he has not been suitably compensated. Accordingly, he has sought for enhancement of compensation. The claim was resisted by the respondent's counsel.