NAGARAJAPPA Vs. RAMESH

JUDGEMENT

(1.) THIS appeal by the claimant -appellant for enhancement of compensation is directed against the impugned judgment and award dated 12/02/2013, passed in MVC No.125/2003, by the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal -7, Shimoga, (hereinafter referred to as 'Tribunal' for short), on the ground that, a sum of Rs. 1,23,000/ - awarded by the Tribunal under different heads with interest at 6% p.a., from the date of petition till the date of deposit, as against the claim of Rs. 44,60,000/ -, 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 26 years at the time of the accident. He was hale and healthy prior to the accident and working as a Teacher. That on 15.10.2002 at about 1.15 p.m. the appellant was riding TVS 50 XL bearing Reg.No.KA.14.K.6154 belonging to the first respondent and when he was proceeding near Kadadakatte, the 3rd respondent drove the Maruthi van bearing Reg.No.KA.14.M.2661 with high speed in a rash and negligent manner and dashed against the TVS 50 XL from behind. Due to which, he sustained injuries. Immediately, he was taken to Chiloor Government Hospital and on the advise of the Doctor, he was taken to Manjappa Hospital, Shimoga, where he took treatment and again he was admitted to the hospital on 27.10.2002, undergone surgery on 1.11.2002 and discharged on 9.11.2002. In the meanwhile, he took treatment at NIMHANS, Bangalore, on 26.10.2002 and as outpatient 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, conveyance and other incidental charges. Therefore, appellant has filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents.