VEERARAJU RAICHUR Vs. P MEHABOOB MIYAN KOPPAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 19.8.2003 passed in M.V.C.No.16/2000 on the file of the Prl. District & Sessions Judge (Motor Accident Claims Tribunal), Raichur, (for short, hereinafter referred to as 'claims tribunal'), whereby the Tribunal has awarded a sum of Rs.2,20,000/- with interest at 6% per annum from the date of petition till 8.2.2000 and from 22.9.2002 till its realisation. Being dissatisfied with the quantum of compensation awarded, the appellant has presented the instant appeal.

(2.) IT is the case of the appellant that on 07/11/1998 at about 00.30 hours (night), the claimant was going on a motor cycle bearing No. KA-37/E.2550 on left side of the road at Basveshwar Camp and at that time, a tempo bearing No. KA-37/2776 came from the opposite direction in a rash and negligent manner with high speed and dashed to the claimant and to his motor cycle, due to which, claimant fell down and sustained injuries all over his body and fractures on his leg and his motor cycle was completely damaged. Immediately, the claimant was shifted to Government Hospital Gangavati and thereafter he was treated at Adarsha Health Centre Bellary and Malya Hospital Bangalore, and finally he has been treated in Miraj Hospital. On account of the injuries sustained in the accident he filed the claim petition praying compensation of Rs.45,00,000/- for the injuries sustained by him before the Claims Tribunal. The Tribunal after hearing and after considering the nature of injuries sustained by the appellant has allowed the claim petition in part awarding a sum of Rs.2,20,000/- with interest at 6% per annum from the date of petition till 8.2.2000 and from 22.9.2002 till its realisation. The said amount awarded being inadequate, it requires enhancement by modifying the Judgment and Award passed by the Claims Tribunal, the appellant has presented the instant appeal.

(3.) WE have heard the arguments of the learned counsel for the appellant and respondents.