V MANU Vs. DODDARAMANNA

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 28th October 2005, passed in M.V.C. No. 65/1999, by the Civil Judge(Sr. Dn) and JMFC, Chinthamani, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.4,84,500/- awarded in his favour as against his claim for Rs.23.50 lakhs, is inadequate.

(2.) The Appellant claims to be aged about 12 years, as on the date of accident, and a student. He was hale and healthy prior to the date of accident. That at about 4:00 P.M., on 21-05-1999, when the Appellant was riding his cycle in the heart of his village Kagathi (Diguru), at that time, a Tractor along with Trailer, driven by its driver, came at great speed, in a rash and negligent manner, and hit against the rear side of the cycle, on account of which, he was dragged for several yards before the Tractor could come to a stop and he started bleeding profusely and his left foot crushed and sustained multiple complex fractures to his left hand. Immediately he was shifted to Government Hospital, Chintamani for first-aid and thereafter shifted to Bangalore Hosmat Hospital, where he underwent several emergent operations to his left hand and left leg and unfortunately, his left foot was amputated leaving him physically handicapped permanently.

(3.) It is the case of the Appellant that on account of the injuries sustained and amputation of his left foot, in view of the accident, he has undergone treatment for a period of 8 months and 20 days and also underwent 12 surgeries. He has spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.