JAGADEESHA Vs. R.D. KARTHIKEYAN

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment and award dated 6.6.2016 passed by the Court of the Prl. District and Sessions Judge and MACT, Chamarajanagar in MVC 178/2014.

(2.) Brief facts of the case: On 26.6.2013 at about 12.45 p.m. when the claimant along with others were traveling in Mahadeshwara bus bearing Registration No.KA-55- 9639 as a passenger from T.Narasipura towards Mysore, the driver of the said bus drove the same in a rash and negligent manner and dashed against another Venkateshwara bus bearing Registration No.KA-10-5055 which was coming from opposite direction by overtaking a Tata sumo vehicle. As a result, claimant sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1 and submitted 7 documents. On the other hand, the Insurance Company examined one Radhika as RW-1 but did not produce any documents. One Dr.M.Rajashekar was examined through Court Commissioner as CW-1 and she has produced 4 documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.1,16,000/- with interest at 6% p.a. Being aggrieved by the same, the present appeal is filed.

(3.) The learned counsel for the claimant submits that the claimant has sustained tenderness and swelling on the right ankle and other four injuries and X-ray confirmed that the lateral end of right clavicle was fractured and right malleolus was fractured. The doctor has stated that the claimant has suffered 30% to right shoulder and restriction of movement in the right ankle by 25% and sustained partial permanent disability of 20% to right shoulder and permanent disability of 20% to right leg and totally 40%, but the Tribunal has not awarded any compensation under the head "loss of amenities". Further, compensation of Rs.3,000/- awarded by the Tribunal under the "conveyance, nourishment and attendant charges" is on the lower side. Therefore, he prays for allowing the appeal.