BANU PRATAP S/O LAXMINARAYANA RAVI Vs. K. UDAYA KUMAR S/O K. NARASIMHA NAYAK

JUDGEMENT

(1.) THESE two appeals arising out of the common judgment and award dated 22nd August 2006 passed in M.V.C, Nos. 407/2001 and 409/2001 on the file of the 1 Additional District Judge and Member, MACT -II, D.K., Mangalore seeking enhancement of compensation.

(2.) THE relevant facts leading to filing of these appeal are as follows: On 17 07.2000 the appellants were proceeding on a motorcycle bearing No. CNG -569 as rider and pillion rider of the motorcycle and at about 6.15 a.m. when they reached Shubhodaya Mahal of Padangady village, Belthangady Taluk, a Tipper Lorry bearing No. KA -19/C -9719 came from opposite side in a rash and nagligent manner and dashed against the said motorcycle As a result of which, the appellants sustained grievous injuries. Immediately, they were shifted to Belthangady Primary Health Centre and thereafter they were taken to City Hospital, Mangalore. They took treatment for several days and spent huge amount towards treatment Considering the nature of injuries and other factors, both the appellants have filed claim petition before the Tribunal in M.V.C. Nos. 407/2001 and 409/2001 seeking compensation under Section 166 of the M.V. Act.

(3.) SO far as claim in M.F.A. No. 3411/2001 is concerned, the learned Counsel for the appellant submitted that by the date of the accident, the appellant/ injured has lost his academic year on account of the injuries sustained by him. The award passed by the Tribunal on various heads are on lower side. Therefore, the appellant is entitled for enhancement of compensation.