SHIVAKUMAR Vs. POORNIMA N.S. AND ORS.

JUDGEMENT

(1.) This appeal is by the claimant directed against the impugned common judgment and award dated 10.04.2014 passed in MVC No. 10/2013 on the file of the IV Additional District Judge and Member, MACT, Mysore, (hereinafter referred to as 'Tribunal' for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 8,42,492/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the grievous injuries sustained by him in the road traffic accident.

(3.) It is case of the appellant/claimant that, he was aged about 30 years as on the date of accident, hale and healthy and working as Solar Management Incharge at Infosys and agriculturist, drawing salary of Rs. 11,531/ - as per Ex. P17. On 12.12.2012, between 2.45 p.m. and 3.15 p.m., when the claimant and one Mahadevaswamy were proceeding to Kallambalu village on a motor bike near the land of one Sannaramegowda of Kundhur village, the driver of the bus bearing registration No. KA -55 -450 came at a high speed and in a rash and negligent manner and dashed against their motor bike. Due the impact, they fell down along with motor bike and sustained grievous injuries. The claimant was shifted to General Hospital and to Vivekananda Hospital at H.D. Kote and after giving first -aid treatment to him, he was shifted to BGS Apollo hospital, Mysore. He suffered severe head injury, left FTP acute SDH, severe diffuse brain edema as per discharge summary Ex. P16 and he undergone three surgeries for left fronto temporo parietal craniectomy and evacuation of acute SDH, Tracheostomy, FTP Cranioplasty using bone and titanium miniplates. On account of which, he undergone treatment for a period of 54 days as inpatient in the hospital. Taking all these factors into consideration, he filed a claim petition under Sec. 166 of MV Act before the Tribunal claiming compensation from the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal on consideration of oral and documentary evidence, has allowed the said claim petition in part and awarded a sum of Rs. 8,42,492/ - as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation.