SURESH KUMAR Vs. ESWAR D NAIK

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 19.03.2015 passed in MVC No.641/2013 on the file of the II Additional Small Causes Judge & XXVIII ACMM, Motor Accident Claims Tribunal, Bengaluru (SCCH-13), (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation.

(2.) The Tribunal by its judgment and award has awarded a sum of Rs.3,53,000/- with interest at 6% p.a., from the date of petition till its realization, on account of the injuries sustained by the appellant in the road traffic accident. He has presented this appeal on the ground that the quantum of compensation and rate of interest awarded by the Tribunal is inadequate and it requires enhancement.

(3.) The brief facts of the case on hand are: The appellant is claiming that he was aged about 47 years at the time of the accident, hale and healthy and carrying on clothing business. When things stood thus, he met with an accident on 24.10.2011, at about 3.30 p.m., due to rash and negligent driving by the driver of the Volvo Bus bearing registration No.KA-25-C8781. As a result, he sustained grievous injuries. He has undergone treatment in the hospital for a period of three days. He has also undergone one surgery and spent huge amount towards conveyance, nourishing food and attendant charges including medical expenses. PW2- Doctor, who in turn, on clinical and radiological examination has assessed the disability of the claimant at 72% to the whole body. Therefore, the appellant was constrained to file a claim petition under Section 166 of MV Act, before the Tribunal claiming compensation against the respondents.