LAWS(KAR)-2011-3-314

MOHAN, S/O. PRAKASHGOWDA Vs. DIVISIONAL CONTROLLER, K.S.R.T.C., HASSAN DIVISION

Decided On March 29, 2011
Mohan, S/O. Prakashgowda Appellant
V/S
Divisional Controller, K.S.R.T.C., Hassan Division Respondents

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 11th February 2009, passed in M.V.C. No. 369/2007, by the Additional District Judge, Member, Motor Accident Claims Tribunal -II, Hassan, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs. 2,93,000/ - awarded in favour of the claimant as against his claim for Rs. 06.00 Lakhs, is inadequate.

(2.) THE Appellant claims to be aged about 22 years, working as Mechanic and hale and healthy prior to the date of accident. That the occurrence of accident at about 8:50 A.M., on 10 -11 -2006, in front of the house of Srinivasa - near Megala Hosakoppalu, Hoienarasipura Road, on account of rash and negligent driving by the driver of the KSRTC bus and the resultant injuries sustained by the Appellant are not in dispute.

(3.) ON account of the injuries sustained in the accident, the Appellant tiled the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 06.00 lakhs against the Respondent and two others. The said claim petition had come up for consideration before the Tribunal on 11th February, 2009. The Tribunal, after considering the relevant material available on file and alter appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2.93,000/ - 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.