MOHABOOB PASHA Vs. ANTHONY RAJ C. AND ORS.

JUDGEMENT

(1.) This appeal by the appellant/claimant is directed against the impugned judgment and award dated 13th February 2013 passed in M.V.C. No. 6817/2011 on the file of the 14th Additional Judge, Motor Accident Claims Tribunal, Court of Small Causes (SCCH -10), Bengaluru City, (hereinafter referred to as 'Tribunal' for short) seeking enhancement of compensation.

(2.) The Tribunal by its impugned judgment and award, has awarded a sum of Rs. 7,00,200/ - with interest at 6% p.a., from the date of petition till its realization under different heads on account of the grievous injuries sustained by the appellant in the road traffic accident. The claimant has presented this appeal on the ground that the quantum of compensation and the rate of interest awarded by the Tribunal is inadequate and requires enhancement.

(3.) It is the case of the appellant that, he was aged about 46 years at the time of accident, a two wheeler Mechanic by profession and also Proprietor of the Firm, repairing two wheelers and hale and healthy prior to the accident. Be that as it may, he met with an accident on 06.11.2011 at about 12.50 p.m. while he was proceeding on his Motor Cycle bearing Registration No. KA -03/J -185 from his residence towards his work place and when he was proceeding near Hebbal Fly Over, B.B. Road, Bangalore, slowly, cautiously in moderate speed by observing all traffic rules and regulations, at that time a Maruthi Swift Car bearing Registration No. KA -05/MF -5612 came from Bhoopasandra side at high speed and in a rash and negligent manner and dashed against the appellant's motor cycle. Due to the impact, he fell down and sustained multiple injuries. Immediately he was shifted to Bangalore Baptist Hospital, Hebbal, Bangalore, where he undergone treatment as inpatient from 06.11.2011 to 15.11.2011. On account of the grievous injuries sustained in the road traffic accident, the claimant filed a claim petition under Sec. 166 of M.V. Act before then Tribunal against the respondents claiming compensation.