LAWS(KAR)-2010-4-313

AMITH KUMAR S/O JAYA NAIK SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER JAYA NAIK S/O HANUMANOIK Vs. KARIYAPPA S/O NAGAPPA AND THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD.

Decided On April 08, 2010
Amith Kumar S/O Jaya Naik Since Minor Represented By His Natural Guardian Father Jaya Naik S/O Hanumanoik Appellant
V/S
Kariyappa S/O Nagappa And The Branch Manager New India Assurance Co. Ltd. Respondents

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

(2.) THE appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.

(3.) BRIEF facts of the case are: That on 12 -12 -05 when the claimant was proceeding towards the land of Thimmanaika to meet his father and his elder brother, near Kalagere village, an autorickshaw bearing registration No. KA -16 -A -1260 came with high speed in a rash and negligent manner and dashed against him. As a result, he fell down and sustained injuries. As he was minor, the claim petition was filed through his father and natural guardian before the MACT, Davanagere, seeking compensation of Rs. 10,00,000/ -. The Tribunal awarded him a sum of Rs. 61,600/ - with interest at 6% p.a. from the date of claim petition till the date of payment.