SHEENA NAIK Vs. KALAVATHI S. CHATRA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the impugned common judgment and award dated 27/12/2012, passed in MVC No. 71/2012, by the Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Kundapura, (for short Tribunal'), for enhancement of compensation, on the ground that, the global compensation of Rs. 25,000/ - with interest awarded by the Tribunal as against the claim of Rs. 10,00,000/ -, on account of the injuries sustained by him in the road traffic accident, is inadequate.

(2.) THE appellant claims to be aged about 60 years as on the date of the accident and he was hale and healthy prior to the accident. That on 21.6.2011 at about 7.25 p.m. when the appellant was traveling in a bus bearing Reg. No. KA.20.B.8778 from Haladi towards Shankaranarayana and when the bus came near Kattemakki Brahma Temple, the driver of the said bus drove the same in a rash and negligent manner, lost control over it and then the bus fell on the road. Due to which, appellant and others sustained injuries. Immediately, he was shifted to Chinmayee Hospital, Kundapura where he took treatment as an inpatient and thereafter, he has taken bed rest and follow up treatment.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded global compensation of Rs. 25,000/ - with interest at 6% p.a., from the date of petition till realization. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, for enhancement of compensation.