- (1.) This appeal by the claimant is being aggrieved by the impugned judgment and award dated 06.11.2009 passed in MVC No.8384/2007 on the file of the IX Addl. Judge, and Member, Motor Accident Claims Tribunal-7, Court of Small Causes, Bangalore (SCCH-7) (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation.
(2.) By its judgment and award, the Tribunal has awarded a sum of Rs.1,57,800/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the injuries sustained by him in the road traffic accident.
(3.) It is the case of the appellant that, he was aged about 31 years as on the date of accident, hale and healthy prior to the accident and by profession he was a barber. At about 1.50 p.m., on 06.11.2007 when he was proceeding in KSRTC bus bearing reg. No.KA-07/F-694 as one of the passenger along with his wife, the said bus met with an accident due to the rash and negligent driving by the driver of the offending vehicle. As a result of which, he sustained injuries on account of which he undergone treatment as inpatient in the hospital for 9 days and also undergone one surgery. It is further case of the appellant that, he has spent huge amount for treatment, conveyance, nourishing food and attendant charges and on the advise of doctor, he has taken bed rest for a period 3 months and also required to undergo one more surgery. PW3-Doctor has assessed 15% disability to the whole body and stated that he is not in a position to continue his profession as it requires continuous standing. He has to suffer discomfort and unhappiness through out his life. Therefore, he filed a claim petition under Section 166 of MVC Act before the Tribunal claiming compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum of Rs.1,57,800/- as compensation under different heads with interest at 6% p.a., from the date of petition till realisation. Being dissatisfied with the quantum of compensation awarded by the Tribunal, appellant has presented this appeal, seeking enhancement of compensation.;