LAWS(KAR)-2017-4-113

C B CHANDRASHEKAR Vs. DEVARAJU

Decided On April 12, 2017
C B Chandrashekar Appellant
V/S
DEVARAJU Respondents

JUDGEMENT

(1.) Appellant is the claimant. Being not satisfied with the quantum of compensation awarded in the judgment and award dated : 27-8-2011 made in MVC No. 13/2010 (Old No.91/2010) passed by the Motor Accident Claims Tribunal, Pandavapura, (hereinafter referred to as "the Tribunal", for short), he has filed this apeal seeking for enhancement of compensation.

(2.) The apellant filed a claim petition contending that on 9-6-2009 at about 12.00 p.m., while he was proceeding on his motor cycle bearing Registration No. KA-11-R-9580 from Maranahalli village, T. Narasipura Taluk to Srinagapatna, another motor cycle bearing Registration No. KA-02-EB-8650 ridden by the rider in a rash and negligent manner dashed against the motor cycle of the claimant. Due to that, he felled down and sustained grievous injuries. Immediately after the accident he was shifted to Srirangapatna Government Hospital and thereafter he was shifted to Basappa Memorial, Mysore wherein he was treated as an inpatient for a period of 20 days. In the said accident, he has sustained fracture of left humerus, injury to the left leg, abrasion over the right middle shaft and abrasion over the cheek.

(3.) In the claim petition, it was contended that he was working as an agriculturist, doing milk vending business and also running jaggery plant and earning Rs.12,000/- to Rs.15,000/- per month. In view of the injuries sustained, he was unable to work as he was working prior to the accident. Therefore, the claimant sought for compensation of Rs.11,50,000/- with interest at 18% per annum.