HARISH Vs. A. MADESHWARAN AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 09/08/2012 passed in MVC No. 210/2011 by the II Addl. Semor Civil Judge & Addl. MACT -VI, Chitradurga, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 5,84,700/ -, awarded in his favour as against his claim for Rs. 30,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 20 years and working as driver at ENERCON Company, earning a sum of Rs. 6,000/ - per month. He was hale and healthy prior to the date of accident. That at about 4:30 P.M., on 21 -02 -2011, when the appellant was going in a Motor cycle bearing Registration No.KA -16/TRL -1476, on NH -13 road, near Krushi Value Pvt. Ltd., Chikkagondanahally village, towards Chitradurga in a moderate speed, the driver of a Lorry bearing Registration No.TN -52/A -2499 drove the same at a high speed, in a rash and negligent manner and dashed against the motor cycle of the appellant. Due to the impact, the appellant sustained grievous injuries. Immediately, he was shifted to District Hospital, Chitradurga, where he took treatment and thereafter, he was shifted to Kasturbha Hospital, Manipal for better treatment, where he took treatment as in -patient from 23 -02 -2011 to 18 -03 -2011. During treatment period, he underwent an operation and his right leg was amputated below knee and on 05 -03 -2011, another operation was made and amputation of right leg conducted above knee.

(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. 30.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 9th August, 2012. 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. 5,84,700/ - 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.