RAJU Vs. RAVI KUMAR; GENERAL MANAGER

JUDGEMENT

(1.) The appellant is aggrieved by the inadequate compensation awarded by the Motor Accident Claims Tribunal, Bangalore (for short, 'Tribunal') in respect of the injuries suffered in the road traffic accident that occurred on 08.11.2007 at 9.00 p.m.

(2.) The appellant filed a claim petition under Section 166(1) of the Motor Vehicles Act before the Tribunal, contending that on 08.11.2007 at 9.00 p.m., while he was standing on the footpath, in order to cross the road, by that time, one motor cycle bearing registration No.KA-05/HC- 4493 came at high speed in a rash and negligent manner and dashed against him, resultantly, he fell down and suffered multiple injuries all over his body. Immediately, he was shifted to Vimala Alaya Hospital, thereafter, referred to Sparsha Hospital. He was totally treated as inpatient for 32 days. He has suffered Bimallular fracture of left tibia, fracture of medial malleolus, fracture of lateral malleolus and other multiple abrasions all over the body. Due to the injuries sustained in the accident, he is having difficulty in walking, standing, squatting, sitting in cross-legged position and climbing stairs as he was doing earlier. He was working as Security Guard and drawing salary of Rs.8,000/- per month. Though the fracture is united, his left leg has shortened, still he has pain in his back and leg. He is unable to squat and do his daily activities on his own.

(3.) Sri. K.N. Harish Babu, learned Counsel for the appellant submits that, the Tribunal for no reason disbelieved the income of the claimant at Rs.8,000/- per month and assessed his monthly income at Rs.3,000/- only.