RAJESH KUMAR Vs. MAYA DEVI AND OTHERS

JUDGEMENT

(1.) The appellant is dissatisfied by the quantum of compensation awarded in his favour by IV Addl. District and Sessions Judge, and Member, MAC, (for short, Tribunal) D.K. Mangalore in MVC No. 423/2013 in respect of the accidental injuries suffered by him.

(2.) Succinctly stated, the appellant filed a claim petition under Sec. 166 of Motor Vehicles Act, before the Tribunal contending that on 2-12-2012 at 1.45 hrs., while travelling in the Bus bearing reg. No. KA-25-B-661 from Gulbarga towards Mangalore on NH-63 at Saralebail Village, Ankola Taluk. Uttara Kannada District, the driver of the Bus since drove the vehicle negligently, and lost control over the bus, due to which, the vehicle capsized, resulting in grievous injuries to him. He was treated as inpatient at Ullai General Hospital, with extensive debridment plastic surgery and fastronemus flap surgery and was discharged on 4-1-2013. He was hale and healthy prior to the accident and was running a Soft Drinks Company and earning a sum of Rs. 35,000.00 per month. Due to the injuries sustained, he is bed ridden and cannot run his business and sought compensation of Rs. 40,00,000.00.

(3.) Sri. P.B. Yatnal, for Sri. Kirshnamoorthy, D., learned counsel for the appellant submits that the Tribunal has awarded only Rs. 20,000.00 towards conventional costs of food, nourishment and attendant charges and Rs. 1,25,000.00 awarded towards loss of amenities and discomforts are too inadequate. He further submits that the rate of interest awarded by the Tribunal at 6% is against the judgment of this Court and Apex Court. Hence, the judgment and award of the Tribunal may be modified by enhancing the compensation reasonably and also rate of interest may be increased.