SUKRA GONDA Vs. TIMMAPPA M. GONDA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 22nd March 2014 passed in MVC No. 111/2013 on the file of the Senior Civil Judge, Member, Additional Motor Accident Claims Tribunal, Kundapura, (hereinafter referred to as the 'Tribunal'), for enhancement of compensation on the ground that, the compensation of Rs. 15,000/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 5,55,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 50 years and working as coolie, earning Rs. 9,000/ - per month and hale and healthy prior to the date of accident. That the occurrence of accident at about 10:15 hours, on 16 -12 -2012, when the appellant was walking on the left side of the mud portion of NH -17, near P.L.D. Bank, Bhatkal town, on account of rash and negligent driving by the rider of Motor cycle bearing Registration No. KA -47/J -5967, which was coming from Turupalli side towards Bhatkal S. Circle side, is not in dispute. Due to the impact, the appellant has sustained injuries and was immediately shifted to Government Hospital, Bhatkal and then to Chinmayi Hospital, Kundapura, where he was admitted and took treatment as in -patient from 16 -12 -2012 to 20 -12 -2012.

(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. 5,55,000/ - against the Insurance Company and another. The said claim petition had come up for consideration before the Tribunal on 22nd March, 2014. 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 global compensation of Rs. 15,000/ - with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed the appeal before this Court, seeking enhancement of compensation.