A. SANTHOSH Vs. MUNIGOWDA AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the common judgment and award dated 17-10-2005 passed in MVC No. 2790 of 2004 by the learned XVI Additional Judge and Motor Accident Claims Tribunal, Bangalore City (hereinafter referred to as Tribunal' for short).

(2.) By its judgment and award, the Tribunal has awarded a sum of Rs. 83,000.00 with interest at 8% p.a., from the date of petition till the date of realisation as against the claim made by the appellant for a sum of Rs. 5,00,000.00. Being aggrieved by the said judgment and award, appellant has presented this appeal, seeking enhancement, on the ground that, the amount awarded by the Tribunal is inadequate.

(3.) In brief the facts of the case are: The appellant is claiming that he is aged about 23 years and Silver Polisher and earning Rs. 5,500.00 per month. That on 27-3-2004 at about 4.30 p.m., the appellant along with his friend was proceeding as a pillion rider in a Kinetic Honda bearing No. CTM 5421 from Srirampuram towards his residence and when they reached near J.J. Junction on Binny Tank Bund road, at that time, a Tata Sumo bearing No. KA.02.AA.1238 came from J.J.R. Nagar at high speed in a rash and negligent manner and dashed against their Kinetic Honda and due to which, appellant sustained grievous injuries and taken treatment as inpatient in RIMS hospital. On account of the injuries sustained by the appellant in the said accident, he has filed a claim petition before the Tribunal claiming compensation of Rs. 5,00,000.00. The said claim petition had come up for consideration before the Tribunal on 17-10-2005. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 83,000.00 as compensation under different heads with interest at 8% p.a. from the date of petition till the date of realisation. Being aggrieved by the said judgment and award, the appellant has presented this appeal, seeking enhancement of compensation.