AKSHAYA KUMAR Vs. KIRAN NAYAK AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 17th August 2013, passed in MVC No. 793/2008, by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Udupi, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.4,77,700/ - awarded in his favour as against his claim for Rs.25,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 20 years at the time of accident and a student, prosecuting his studies in Diploma, apart from working on part -time basis in Bakery, earning a sum of Rs.2,250/ - per month and hale and healthy prior to the date of accident. That at about 5:15 P.M., on 08 -08 -2007, when the appellant was riding his motor cycle bearing Registration No. KA -20/S -3746 from Mangalore side towards Udupi at moderate speed on NH -17, near Udyavara bridge, a Maruti Car bearing Registration No. KA -21/M -1858 came at a high speed, in a rash and negligent manner and dashed against the Lorry bearing Registration No. KA -25/B -5668 which was moving in the front of the motor cycle. On account of the same, the driver of the Lorry applied sudden brake and consequently, the appellant also applied sudden brake. In spite of that, the motor cycle hit the lorry on its back side and the appellant fell down on the road. As a result, the appellant sustained grievous injuries and lost his consciousness. Immediately, he was shifted to HI -tech Hospital, Udupi, where first -aid was given and thereafter shifted to KMC Hospital, Manipal for better treatment, where he took treatment as in -patient from 08 -08 -2007 to 23 -10 -2007.

(3.) ON account of the injuries sustained in the 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 had come up for consideration before the Tribunal on 17th August, 2013. 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.4,77,700/ - 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.