YOGANANDA ALIAS ANANDA Vs. V RAJAGOPAL

JUDGEMENT

(1.) This appeal by the claimant is against the common judgment and award dated 4th June, 2005, passed in M. V. C. No. 5627/2004, on the file of the Motor Accident Claims Tribunal at Bangalore ('Tribunal' for short) for enhancement of compensation on the ground that, the compensation of Rs. 1,12,500/- awarded in favour of the claimant appellant as against his claim of Rs. 5.00 lakhs, is inadequate.

(2.) The appellant claims to be an Assistant Computer Operator, aged about 26 years as on the date of the accident and drawing monthly salary of Rs. 5,308/-. That on 22-5- 2004, at about 7.30 p. m., the appellant was riding the Yamaha Motor Cycle bearing No. CKN-3664 along with the pillion rider, very cautiously on the left side of the road by observing traffic rules. When he came near Kajikallahalli Gate, a Hero Honda bearing Registration No. KA-07/H-9091 being driven by its driver in a rash and negligent manner dashed against the appellant. On account of the same, the appellant as well as his pillion rider fell down and sustained grievous injuries.

(3.) On account of the grievous injuries sustained in the accident, the appellant herein filed the claim petition before the Tribunal, seeking compensation of Rs. 5.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 4th June. 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. i, 12,500/- with interest at 6% per annum on Rs. 1,02,500/- (excluding the compensation on Rs. 10,000/- awarded towards future medical expenses) from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.