SHEKHAR BANGERA Vs. S.J. THOMAS & ANR.

JUDGEMENT

(1.) The appellant has challenged the legality of the award dated 13.10.2009, passed by the Fast Track Court and Member, MACT, Mangalore, whereby the learned Tribunal has granted a compensation of Rs. 60,000 along with interest at 6% per annum, from the date of petition till the date of realisation.

(2.) Briefly the facts of the case are that, on 27.10.2007 at about 2.00 p.m., the appellant was riding his motorcycle towards Lalbagh from Panambur. When he reached near Amritheshwara Petrol Bunk at Lady Hill, suddenly, another motorcycle, bearing registration No. TN-38/AB-8048, came from behind, in a rash and negligent manner, and dashed against the appellant's motorcycle. Consequently, the appellant fell down, and sustained one grievous injury and three simple ones. Immediately, he was shifted to A.J. Hospital in Mangalore; he was hospitalised for a period of eighteen days.

(3.) Subsequently, the appellant filed a claim petition for the injuries suffered by him. In order to substantiate his case, he examined three witnesses, including himself, and submitted fifteen documents. Although the Insurance Company did not examine any witness, it did submit the insurance policy as a document. After hearing the learned Counsel for the parties, the learned Tribunal awarded the compensation as aforostated. Hence, this appeal for enhancement.