GANGADHARA KARKERA Vs. JACOB DENNIS SEQUIERA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 12th September, 2013, passed in MVC No. 359/2012 by the II Additional Senior Civil Judge, Motor Accident Claims Tribunal, Mangalore, D.K. (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 10,33,332/ -, awarded in his favour as against his claim for Rs. 20,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 54 years and working as a Site Supervisor, earning a sum of Rs. 15,000/ - per month and hale and healthy prior to the date of accident. That at about 3:30 P.M., on 20 -11 -2011, when the appellant was proceeding on his TVS Max Motor Cycle bearing Registration No. KA -19/R -6670, and reached in front of Vikas College of Gurunagar in Padavu Village of Mangalore Taluk, at that time, a Tata Indica Car bearing Registration No. KA -19/N -9228 driven by its driver in a rash and negligent manner from back side in order to overtake the vehicle of the appellant and dashed against the vehicle of the appellant. Due to the impact, the appellant sustained fracture of 4th and 8th ribs on the right side, fracture of mid shaft of right clavicle, contusion over right side of the head, with underlying fracture of right temporal bone and other injuries all over the body. Immediately, the appellant was shifted to A.J. Hospital, Mangalore, where he was admitted as in -patient.

(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. 20.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 12th September, 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. 10,33,332/ - 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.