GANGAIAH Vs. SYED AFROZ AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 1st September, 2010 passed in M.V.C. No. 6756/2009, by the XXIV Additional Small Causes Judge, Motor Accident Claims Tribunal, Bangalore (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 25,000/ - 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 aged about 26 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 5:00 P.M., on 22 -03 -2009, when the appellant was riding the motor cycle bearing Registration No. KA -02/HE -611 from Settyhally towards Bangalore, near Settyhally, ring road, petrol bunk, Tumkur, on account of rash and negligent driving by the driver of Lorry bearing Registration No. KA -19/6905 is not in dispute. It is also not in dispute that the appellant has sustained lacerated wound in the right tempo parietal junction, multiple abrasion over forehead, injury on right upper limb, lacerated wound over right cubital fossa, abrasion over dorsum of left thumb, abrasion over left index finger, multiple abrasion right half of the chest, multiple abrasion over the umbilical region, lacerated wound just by the side of right patella and abrasion over right ankle. Due to the said injuries sustained in the accident, he took treatment in Tumkur District Hospital, Tumkur, Sri Sidhartha Hospital and also at HIMHANS.

(3.) THE learned counsel for appellant contends that, the Tribunal has erred in awarding global compensation of a sum of Rs. 25,000/ - on account of the grievous injuries sustained by appellant in the road traffic accident. He submitted that having regard to the nature of injuries sustained and nature and duration of treatment undergone, reasonable compensation may be awarded under different heads, by modifying the impugned judgment and award passed by Tribunal.