NAGEGOWDA Vs. LAKSHMAMMA

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 15-7-2010 made in MVC No.393/2009 passed by the Additional Motor Accident Claims Tribunal, Mysore (hereinafter referred to as 'the Tribunal', for short) filed this appeal seeking enhancement of compensation.

(2.) The appellant filed a claim petition contending that on 10-11-2004 while he was proceeding in a Bajaj Chetak Scooter bearing Registration No.KA-11/H-9385 towards Kurubarahalli near K.R.Pet Police Station, T.B.Circle, at about 5.20 p.m., a bus bearing Registration No.KA-04/A-5623 came from T.B.Circle in a rash and negligent manner and dashed against the scooter of the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to the Government Hospital, K.R.Pet, thereafter he was shifted to K.R. Hospital at Mysore. he took treatment as inpatient for a period of 10 days. In the accident he has sustained (a) fracture of proximal phalanx right middle finger, (b) fracture of right 4th and 5th metacarpal bone, (c) right parietal contusion and diffuse cerebral oedema, sub-trochonoid haemorrhage, he has spent huge money for the treatment. At the time of accident, the claimant was aged about 35 years and earning Rs.10,000/- p.m., by doing agricultural work and business. In view of the injuries he has sustained, he has become permanently disabled to do the agricultural work. Hence, sought for compensation of Rs.10,50,000/-.

(3.) The insurance company defended the case by filing the written statement.