ULLAS JAKE Vs. P. MAHALINGAM AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is arising out of the impugned common judgment and award dated 7th August 2013 passed in MVC No. 2144/2011 on the file of the Senior Civil Judge and MACT, Arkalgud (hereinafter referred to as 'Tribunal' for short) for enhancement of the compensation awarded by the Tribunal.

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 3,44,798/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident.

(3.) It is the case of the appellant that, he was aged about 27 years and hale and healthy prior to the accident and was working at G.G.S Information Service India Private Limited, Chennai and earning Rs. 1,47,000/ - p.a as per Form No. 16. On 19.6.2011 when he was going in Maruthi Alto Car bearing No. KA -02 -ME -6798 to Subramanya for attending the marriage of his relative the driver of offending vehicle drove the vehicle rashly and negligently and hit to the car, due to which he sustained injuries. He has taken treatment from Sakaleshapura Government Hospital, further treatment from Mangala Hospital, Hassan and Mahaveer Jain Hospital Bengaluru. The appellant has sustained two grievous injuries and rest of the injuries is simple in nature. The appellant has produced the prescription slips and medical bills amounting to Rs. 2,44,798/ - for taking treatment from different hospitals. The Doctor has applied the CCA stent and operated and removed the tumour. He has taken treatment from the Jain hospital from 21.07.2011 to 27.7.2011 as inpatient and also still taking treat as outpatient. The Doctor after medical and radiological examination has assessed 14.5.% disability at Ex. P44. Therefore, he filed a claim petition under Sec. 166 of MVC Act before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. To substantiate his case, he examined himself as PW1, Sudhir Bediguthu as PW2, Prabhamani as PW3, Madhu as PW4 and Ullas Jaki as PW5 and marked documents as Exs.P1 to P70. Insurer has not marked any documents. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum of Rs. 3,44,798/ - as compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, so far as it relates to pain and sufferings, Medical expenses, incidental expenses, Loss of income during treatment period, loss of future earnings and loss of enjoyment of future life, appellant has presented this appeal, seeking enhancement of compensation.