LAWS(KAR)-2009-8-17

K H ASHOKA Vs. SRINIVAS

Decided On August 13, 2009
K.H. ASHOKA Appellant
V/S
SRINIVAS Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 23/1/2006 passed in MVC.No.6621/2003 on the file of Motor Accidents Claims Tribunal ('Claims Tribunal' for short). The Claims Tribunal by its judgment and award, awarded a sum of Rs.2,10,000/- with 6% interest from the date of petition till the date of its realisation. The appellant has presented this appeal on the ground that the amount awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation.

(2.) The appellant claims that he is working as Head Constable. That on 20/9/2003 at about 7.15 p.m., appellant along with P.S.I Thimma Bovi had been to a Ganesha function near Bangarappa Nagara at Javarayana Doddi Main Road junction, Bangalore. At that time, when he was doing his duty standing by the side of the road, the driver of the lorry bearing No. CNE 4288 came in a high speed and in a rash and negligent manner and dashed against the petitioner, as a result of which, the appellant fell down and the lorry ran over his left foot and sustained severe grievous injuries. On account of the injuries sustained in the accident occurred on 20/9/2003, the appellant filed a claim petition seeking compensation of Rs.8 lakhs against the respondents. The said case had come up before the Claims Tribunal. The Claims Tribunal after revaluation of the documentary evidence and other relevant material on record, allowed the claim petition and awarded sum of Rs.2,10,000/- with interest at 6% per annum from the date of petition till the date of realisation.

(3.) Being aggrieved, the appellant herein has presented the instant appeal claiming enhancement of compensation on the ground that the amount awarded by the Claim Tribunal is inadequate and the Claims Tribunal has not awarded any compensation under the head 'pain and suffering', 'medical expenses' and 'loss of amenities in life'.