LAWS(KAR)-2015-1-515

T N CHIKKANNA Vs. V RAJA,

Decided On January 08, 2015
T N Chikkanna Appellant
V/S
V Raja, Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 5th November 2013, passed in MVC No.4862/2012, by the XX Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH -22), (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.2,13,000/ -, awarded in his favour as against his claim for Rs.25,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 43 years, working as a cable technician. He was hale and healthy prior to the date of accident. That at about 11:30 A.M., on 23 -04 -2012, when the appellant along with his wife was crossing the road from Gangaram Building towards metro station, he met with an accident, on account of rash and negligent driving by the driver of Maruthi Swift VDI (Car) bearing Registration No.KA -34/N -1298, which was coming from Anil Kumble Circle. Due to the impact, the appellant fell down and sustained injuries. Immediately, he was shifted to Hosmat Hospital, where he took treatment as in -patient.

(3.) ON account of the injuries sustained in the road traffic accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs.25.00 lakhs against the respondents. The said claim petition along with other claim petitions had come up for consideration before the Tribunal on 5th November, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,13,000/ - with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.