SHARAD KUMAR Vs. PRATHAP CHANDRA RAI

JUDGEMENT

(1.) THIS appeal by the injured claimant is directed against the impugned judgment and award dated 16th September 2011, passed in MVC No.565/2009, by the II Additional District Judge and Member, Motor Accident Claims Tribunal -III, D.K., Mangalore, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 1,48,500/ -, awarded in his favour as against his claim for Rs. 5,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 34 years and Driver of JCB vehicle under one Mr. Allwin Jossy D'Silva, earning a sum of Rs. 12,000/ - per month. He was hale and healthy prior to the date of accident. That at about 10:00 A.M., on 15 -04 -2008, when the injured claimant/appellant was riding his motor cycle bearing Registration No.KA -19/V -9289, near Kodaikal in village Alape, within the limits of Mangalore Rural Police Station, the driver of Car bearing Registration No.KA -19/MB -9779 drove the said vehicle at high speed, in a rash and negligent manner, from opposite direction and dashed against the motor cycle and as a result of this accident, he sustained certain injuries on his person and immediately after the accident, he was shifted to Tejaswini Hospital, Mangalore and in the said Hospital, he took treatment as in -patient till 26 -04 -2008 and even after discharge from the Hospital, he took treatment as out patient and during hospitalization, he engaged an attendant by paying a sum of Rs. 100/ - per day.

(3.) IT is the case of the injured claimant/appellant that he has spent considerable amount towards conveyance, nourishing food and attendant charges apart from medical expenses and other incidental expenses and therefore, he has to be compensated adequately for the injuries sustained by him in the road traffic accident.