V.N. GURUPRASADA Vs. PAKKIRAPPA BARKI AND ORS.

JUDGEMENT

(1.) This appeal by the claimant -appellant is directed against the impugned common judgment and award dated 10/07/2013, passed in MVC No. 189/2010, by the Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Harihar, (for short 'Tribunal'), for enhancement of compensation, on the ground that, the compensation of Rs. 1,96,000/ - awarded by the Tribunal under different heads as against the claim of Rs. 6,50,000/ -, on account of the injuries sustained by the appellant in the road traffic accident, is inadequate.

(2.) The appellant claims to be aged about 25 years as on the date of the accident and he was hale and healthy prior to the accident. That on 27.3.2010 the appellant was traveling from Harihar to Ranebennur in TVS XL Motor cycle bearing Reg. No. KA.17.Q.3153 along with one Mohammed Rafiq as a pillion rider. When they came near old Karur Cross on NH.4 at Ranebennur at about 3.45 p.m. the driver of the lorry bearing Reg. No. KA.27.A.199 came from opposite direction in a rash and negligent manner and hit to Motor cycle. On account of which, appellant sustained grievous injuries and pillion rider died on the spot. Immediately, he was shifted to City Central hospital, Davanagere, where he took treatment from 27.3.2010 to 7.4.2010 and from 1.6.2010 to 7.6.2010 and thereafter, on the advise of the Doctor, he has taken bed rest and follow up treatment.

(3.) It is the further case of the appellant that, he has spent considerable amount towards medical expenses and other incidental charges and on account of the injuries sustained by him, he has suffered permanent disability and the Doctor has assessed the disability at 30%. Therefore, he has filed a claim petition before the Tribunal under Sec. 166 of M.V. Act, claiming compensation against the respondents.