M SEKAR Vs. M RAVI

JUDGEMENT

(1.) Dissatisfied with the judgment and decree passed by the tribunal awarding compensation of Rs.1,34,183/- along with interest at the rate of 7.5% per annum, the claimant is before this Court for enhancement of compensation.

(2.) It is is the case of the claimant/appellant herein that on 30.10.2004 at about 4.00 p.m., the claimant/appellant herein met with an accident when he was walking on the left side of the road at Sunapura Village near to the gate within Hagalur police station limit in Malavalli Taluk and Mandya District, a Maxi Cab van bearing Registration No.KA11 9559 belonging to the first respondent, insured with the second respondent was driven by its driver in a rash and negligent manner, at an uncontrollable speed, without adhering to the traffic rules and sounding horn, came in the opposite direction i.e. From Alagoor side towards Sathanur side and hit the appellant, resulting in the claimant sustained fracture on the right leg, right shoulder and multiple injuries. On a complaint, a criminal case was registered against the driver of the van in Cr.No.125 of 2004 under Sec.279, 337 of Hagalur Police station. The claimant filed a claim petitioner before the tribunal, claiming compensation of Rs.8,00,000/- for permanent disability and loss of earnings.

(3.) The Tribunal, based on the oral and documentary evidence Exs.P1 to P.8, has awarded a sum of Rs.1,34,183/- as total compensation payable by the second respondent/Insurance Company to the claimant under the following heads: