JYOTHIBA Vs. MAHABALA SHETTY

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned common judgment and award dated 21st July 2008, passed in MVC No. 1191/2004, by the Civil Judge (Sr. Dn) & Motor Accident Claims Tribunal, Kundapura, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 1,22,700/ -, awarded in his favour as against his claim for 5,68,000/ -, is inadequate.

(2.) THE appellant claims to be aged about 25 years, working as an Assistant to his father at his shop at Ummarga, Maharashtra State, earning a sum. of Rs. 10,000/ - per month. He was hale and healthy prior to the date of accident. That at about 7:30 A.M., on 18 -05 -2004, when the appellant along with others was travelling in a Tempo Trax bearing Registration No. KA -20/7981, from Ajri towards Hebri side, on Halady -Someshwara Road, near Haikady, Hiliyana village, Kundapura Taluk, the driver of Santro Car bearing Registration No. MH -25/A -2182 drove the same from Someshwara side, in a rash and negligent manner, at a high speed, in a rash and negligent manner and dashed against Tempo Trax. Due to the impact, the inmates of the said Tempo Trax, including the appellant sustained grievous injuries and some of them succumbed to the said injures and the appellant sustained fracture of both bones (L) leg, contusion over shin of tibia and contusion over medial aspect (R) elbow and the Doctor has opined that the said injuries are grievous in nature. Immediately after the accident, the appellant was shifted to Shri Durga Clinic and Maternity Hospital, Halady and after first aid, he was shifted to K.M.C. Hospital, Manipal, where he took treatment as in -patient.

(3.) ON account of the injuries sustained in the road traffic 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. 05.68 lakhs against the respondents. The said claim petition along with other claim petitions had come up for consideration before the Tribunal on 21st July, 2008. 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. 1,22,700/ - 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.