NARASOJI RAO Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 31st March 2010, passed in MVC No.2614/2009, by the II Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bangalore (SCCH -13), (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 93,651/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 4,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 40 years and working as a Coolie earning a sum of Rs. 4,500/ - per month and hale and healthy prior to the date of accident. That the occurrence of accident at about 12 noon, on 01 -12 -2008, when the appellant was proceeding as a passenger in Auto bearing Registration No.KA -52/3943 on Dabaspet -Magadi Road, near Kasuvod Kere Kodi, Solur Hobli, Bangalore Rural District, on account of rash and negligent driving by the driver of the said auto is not in dispute. It is also not in dispute that the appellant has sustained multiple grievous injuries all over the body. Immediately, he was shifted to Magadi Govt.Hospital, where he took treatment as in -patient.

(3.) IT is his further case that, on account of the accident, he sustained injuries stated above and for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.