KUMAR MYLARI Vs. MADU MACHAYYA

JUDGEMENT

(1.) The Appellant is before this Court for enhancement of compensation.

(2.) Learned Counsel for the Appellant submits that the Appellant was ten years old as on the date of accident (i.e., On 20.09.2001). Due to rash and negligent driving of the lorry by its driver, he sustained injuries to left lower limb and crush injury to right leg. The right leg from knee level was amputated. He submits that the claimant was treated in Government Hospital at Harappanahalli, and thereafter at Bapuji Hospital at Davanagere for a period of three months. The claimant was a student and also assisting his parents and earning 500/- per month. But, the Tribunal has taken notional income at 15,000/- per annum and applied multiplier of '15' instead of '18' and awarded compensation of 1,12,500/- towards loss of future earnings. In addition to that the Tribunal has awarded compensation of 30,000/- towards medical expenses, attendant charges, loss of amenities and marriage prospects, and pain and suffering. He submits that the compensation awarded by the Tribunal in the case of amputation of leg of a lad of 10 years is very much on the lower side.

(3.) Learned Counsel for Respondent No. 2 insurance company submits that the Tribunal has awarded adequate compensation.