CHENNAPPA Vs. MANAGING DIRECTOR KSRTC

JUDGEMENT

(1.) This appeal arises out of the judgment and award dated 13th February 2007 passed in M.V.C. No. 1316/ 2006 on the file of the Motor Accident Claims Tribunal, Bangalore (SCCH-2) ('Claims Tribunal' for brevity), on the ground that, the compensation awarded by Claims Tribunal towards pain and sufferings and towards conveyance, nutrition and attendants and other incidental charges is inadequate.

(2.) The facts of the case are that, the appellant is an agriculturist by profession. That on 30th December 2005 at about 6.30 p.m. after finishing his agricultural work, the appellant was riding his bullock cart towards Arepalya on N.H. 48. When he came near Kannasandra stop, a bus bearing No. KA- 13/F-1215 came from the same direction and dashed against the bullock cart. Due to the accident, the appellant sustained grievous injuries and both the bullocks died on the spot and the cart was completely destroyed. On account of the said motor accident, the appellant has filed the claim petition seeking compensation of Rs. 08.00 lakhs against the respondent Corporation. The said claim petition had come up before the Claims Tribunal on 13th February 2007 and the Claims Tribunal, after hearing the counsel appearing for the parties, after appreciation of oral and documentary evidence and other material on file, has awarded in all, a sum of Rs. 1,60,000/- with interest at 7% per annum from the date of petition till its deposit in the Claims Tribunal. The appellant being dissatisfied with the amount awarded by the Claims Tribunal, has presented this appeal seeking enhancement of compensation.

(3.) Learned counsel appearing for the appellant contended that on account of the injury sustained by the appellant, he was admitted to the Hospital as in-patient for nearly 20 days. Learned counsel drew our attention to Ex. P2 the Wound Certificate which discloses that the appellant suffered dislocation of the ends of the femur on right side and. fracture of the tibia on right side. Therefore, he submitted that the amount awarded towards pain and sufferings is inadequate and needs enhancement. Further, he submitted that the amount awarded towards conveyance, nutrition, attendants and other incidental charges is also inadequate and requires modification. He also submitted that the amount awarded towards loss of bullocks and cart is not reasonable and requires enhancement. Therefore, he submitted that the impugned judgment and award passed by the Claims Tribunal is required to be modified.