SANNABHOVI ALIAS SONAPPA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 4th September 2010 passed in MVC No.6353/2009 by the XX Additional Judge & XVIII ACMM, Bangalore, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.1,24,770/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.5,00,000/-, is inadequate.

(2.) THE appellant claims to be aged about 60 years and hale and healthy prior to the date of accident. That the occurrence of accident of the appellant at about 4:30 A.M, on 16-08-2009, of the appellant, on Kanakapura-Bangalore NH-209 Main Road, near Paduvanagere Cross, Kanakapura Taluk,Ramanagara District, due to rash and negligent driving by the rider of Bajaj Pulsar bearing No.KA-01/EC-4590, is not in dispute. It is also not in dispute that the appellant has sustained injuries dislocation and fracture of his left knee joint, abrasion, and laceration of left Tibia, abrasions on the nose and upper lip and fracture of the left femur in the Motor vehicle accident and soonafter the accident, he was taken to Government Hospital, Kanakapura, where he took treatment as an in-patient and later on shifted to Sanjay Gandhi Institute of Trauma and Orthopedic Bangalore on the same day.

(3.) ON account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs.5,00,000/- against the respondents. The said claim petition had come up for consideration before the Tribunal on 4th September, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.1,24,770/- under different heads, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.