SHRIMANTH Vs. VINOD

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 30-04-2005 in MVC No. 61/2003 on the file of the Add. Civil Judge (Sr.Dn.) & MACT, No. 3, Bidar (for short hereinafter referred to as 'Claims Tribunal'). The Claims Tribunal by its judgment and award, awarded a sum of Rs.1,49,955/- with interest 6% p.a. The appellant herein claiming that the said amount awarded by the Claims Tribunal is inadequate and requires enhancement, presented the instant appeal.

(2.) The brief facts of the case is that, on 1-6-2002 the appellant has gone to village on his motor cycle/Yamaha bearing registration No. KA-3 8/2560 for his business work. After completing his work, claimant was returning to village Marjunda at 3-00 P.M. When he was proceeding on motor cycle in normal speed on the left side of the road following the traffic rules, on Chitguppa - Belkhera road, the driver of the lorry bearing registration No. KA-39/9822 was driving the same in a rash and negligent manner, endangering to the human life and personal safety of others lost his control over the vehicle, came from the opposite direction and dashed to the motor cycle, as a result of which, the appellant sustained grievous injuries on right knee, both bones of tibia and fibula, little finger, fist, chest, legs and other parts of the body. On account of the injuries sustained in the accident he has filed the claim petition seeking compensation of Rs.13,00,000/- against the respondents.

(3.) The said claim petition has come up for consideration before the claims Tribunal on 30.4.2005. The claims Tribunal after hearing both sides through their Counsel and after evaluation of the oral and documentary evidence and other documents available on file, specifically taking into consideration the nature of injuries sustained in the accident are permanent in nature, has allowed the claim petition in part and awarded a total sum of Rs.1,49,985/- i.e., Rs.40,000/- towards pain and suffering, Rs.13,585/- towards medical expenses, Rs.10,000/- towards loss of amenities, Rs.86,400/- towards loss of future earnings. The said amount awarded is inadequate and Tribunal has not awarded any amount towards conveyance, nourishment, food and attendant charges, therefore, the amounts awarded by the claimant requires enhancement, presented the instant appeal.