SANJU Vs. V.V. SATYANARAYANA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 1st July 2010, passed in MVC No. 2/2006, by the VI Additional District Judge, Motor Accident Claims Tribunal, Mysore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 84,900/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 5,00,000/ -, is inadequate.

(2.) THE appellant claims to be a minor aged about 8 years at the time of accident, a brilliant student, studying in II Standard and hale and healthy prior to the date of accident. That the occurrence of accident at about 5:30 P.M., on 13 -02 -2006, near Gujjegowdanapura Bus Sop, Jayapura Hobli, Mysore Taluk, when the appellant was crossing over the road, on account of rash and negligent driving by the driver of Contessa Car bearing Registration No. KA -03/M -983 is not in dispute. It is also not in dispute that the appellant has sustained grievous injuries and took treatment in JSS Hospital, Mysore and admitted as in -patient from 13 -02 -2006 to 17 -03 -2006.

(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. 5,00,000/ - against the respondents. The said claim petition had come up for consideration before the Tribunal on 1st July 2010. 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. 84,900/ - under different heads, 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 is in appeal before this Court, seeking enhancement of compensation.