PRABHUSWAMY Vs. MAHESH

JUDGEMENT

(1.) THIS appeal by the claimant -appellant for enhancement of compensation is directed against the impugned judgment and award dated 31.12.2012 passed in MVC No.944/2012 on the file of the Presiding Officer, Fast Tract Court -I and Additional MACT, Mysore, (hereinafter referred to as 'Tribunal' for short), on the ground that, a sum of Rs. 1,05,000/ - awarded by the Tribunal with interest at 6% p.a., from the date of petition till the date of realization, as against the claim of Rs. 21,50,000/ -, on account of the injuries sustained by him in the road traffic accident is inadequate.

(2.) IN brief, the facts of the case are: The appellant claims to be aged about 27 years at the time of the accident. He was hale and healthy prior to the accident, Cook in TVS Factory and agriculturist by profession and earning Rs. 15,000/ - per month. That on 24.2.2012 at about 8.45 p.m. appellant was proceeding in a Motor bike bearing Reg.No.KA.09.EK.3371 as a pillion rider towards his village Sinduvalli from TVS Factory which was ridden by one Babu. When they came outside the Factory, at that time, another motor bike bearing Reg.No.KA.09.EU/2381 came from their behind in a rash and negligent manner and dashed to their motor bike. Due to which, appellant fell down and sustained injuries. Immediately, he was shifted to Vidyaranya Hospital and then at ESI Hospital, Mysore, where he took treatment as inpatient for 27 days 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 spent considerable amount towards medical expenses, conveyance and other incidental charges. On account of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the physical disability at 24% to the left lower limb. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.