BHASKAR SINGH S/O LAKSHMAN SINGH Vs. M SUDHAKAR MAJOR S/O M M RATHNAM; ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Mr.Bhaskar Singh, the appellant, has challenged the legality of the award dated 3.11.2009, passed by the Motor Accidents Claims Tribunal, Court of Small Causes, Bangalore City, in MVC.No.7146/2007

(2.) Briefly the facts of the case are that on 27.2.2007, around 9.00 a.m., the appellant was proceeding in an autorickshaw for transporting tomato boxes. When he reached near Kappalamadagu village cross on NH-4 Road, a BTS bus, bearing registration No.AP-03-U-8510, driven in a rash and negligent manner, came and dashed against the autorickshaw. Consequently, the appellant suffered grievous injuries. Immediately, he was shifted to Kolar Medical College, wherein he underwent medical treatment. During the course of medical treatment, a rod had to be inserted in his right hand, and the claimant had suffered lacerated wound on dorsal aspect of base of ring finger, bleeding from mouth and abrasions on cheek and bleeding from nose. He was hospitalised at R. L. Jalappa Hospital. He had to undergo ORIF with LCDCP and screws with bone grafting on 9.3.2007. Since the appellant had suffered numerous injuries, he filed a claim petition before the learned Tribunal.

(3.) In order to substantiate his case, the claimant examined three witnesses, including himself, and submitted eleven documents. Respondents, on the other hand, did not examine any witnesses nor submitted any documents. After completing the proceedings, the learned Tribunal had granted the compensation of Rs.60,500/-. Hence, this appeal by the claimant for enhancement.