LAWS(KAR)-2015-1-148

SANTHOSH KUMAR Vs. GANESH K. AND ORS.

Decided On January 16, 2015
SANTHOSH KUMAR Appellant
V/S
Ganesh K. And Ors. Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 14th March 2014, passed in MVC No. 309/2012, by the III Additional District and Sessions Judge, IV Additional Motor Accident Claims Tribunal, D.K., Mangalore, (for short, 'Tribunal'), for enhancement of compensation on the ground that, the compensation of Rs. 20,500/ - with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 1,00,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 23 years and hale and healthy prior to the date of accident. That the occurrence of accident at about 8:00 A.M., on 30 -05 -2011, when the appellant was riding a motor cycle bearing Registration No.KA -19/EC -7488 as a pillion rider, near Narahari nagara of Golthamajalu village on B.C. Road -Kalladka Road from the opposite side, on account of rash and negligent driving by the driver of Car bearing Registration No.KA -20/B -2009, is not in dispute. Due to the impact, the appellant was thrown out of the motor cycle and sustained injuries all over his body and was hospitalized at Somayaji Hospital, B.C. Road till 01 -06 -2011 and after discharge, he was under further hospitalization at ADM Ayurveda Hospital, Kuthpady, Udupi from 10 -10 -2011 to 18 -10 -2011 and thereafter was advised follow -up treatment.

(3.) I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant.