B GOPALAKRISHNA Vs. ABDUL AZEEZ

JUDGEMENT

(1.) This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the III Civil Judge (Sr.Dn.) & Motor Accidents Claims Tribunal, Itinerating at Mulbagal, (hereinafter referred to as The Tribunal , for short), in its judgment and award dated 2.9.2009, in MVC No.167 of 2005.

(2.) In his memorandum of appeal, the appellant has taken a contention that he sustained compound comminuted fracture of both bones of right leg, fracture of right clavicle and other injuries and has taken treatment as inpatient for 55 days, underwent surgery for closed reduction, and thereafter, he was an outpatient for considerable long period and the accidental injuries has resulted in shortening of his right lower limb by 3 cm. He is suffering with the disability, but the Tribunal has not appreciated any of these factors. He has further stated that though he has produced the medical bills of Rs.3,39,389/-, the Tribunal erroneously came to the conclusion that he being aged more than 65 years, due to old age, suffering from various other diseases, was not eligible for compensation of the claimed amount towards medical expenditure and has awarded a small sum of Rs.50,000/- towards medical expenses. With this he has prayed for allowing the appeal.

(3.) Heard the arguments from both sides and perused the materials placed before this court.