CHANDRAPPA Vs. N E MOHAN KUMAR & ANR

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 31-12-2010 passed in MVC No.1623/2008 by the Motor Accident Claims Tribunal, Tumakuru (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 07-09-2008 while he was proceeding as a pillion rider in a motorcycle bearing Registration No. KA-06/EA-4340 at about 100 noon, in front of Herur Grama Panchayathi, one Maruthi Omni car bearing Registration No. KA-06/5841 driven by its driver in a rash and negligent manner which was proceeding in front of the motorcycle suddenly took the car to the right side without putting on the indicators, which resulted in the accident. In view of that the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Government Hospital at Gubbi and after the first aid, he took treatment at Aditya Orthopedic and Trauma Center at Tumakuru. In the accident, he had sustained fracture of left femur supra condylar and other injuries to the body. He had undergone surgery; internal fixation has been made and he has spent more than Rs.80,000/- towards medical expenditure. At the time of accident, he was aged about 50 years and doing coconut vending business and earning Rs.10,000/- p.m. In view of the injuries he had sustained in the accident, he cannot do the work as efficiently as he was doing prior to the accident. Hence sought for compensation of Rs.5,00,000/-.

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