LAWS(KAR)-2011-9-213

MASTER KIRAN S/O. SRI. ALAPPA Vs. SHRI. K. SHIVANNA S/O. SHRI. KANTHA NAYAK, SHRI. CHETAN KUMAR S/O. SHRI. GIRIYAMMA MALLIKAPURA SIRA TALUK TUMKUR DISTRICT (PRESENT OWNER OF MOTORCYCLE BEARING NO.KA-06-R-6131) AND UNITED INDIA INSURANCE COMPANY

Decided On September 23, 2011
Master Kiran S/O. Sri. Alappa Appellant
V/S
Shri. K. Shivanna S/O. Shri. Kantha Nayak, Shri. Chetan Kumar S/O. Shri. Giriyamma Mallikapura Sira Taluk Tumkur District (Present Owner Of Motorcycle Bearing No.Ka -06 -R -6131) And United India Insurance Company Respondents

JUDGEMENT

(1.) This is claimant's appeal, being not satisfied with the quantum of compensation awarded to him by the Motor Accidents Claims Tribunal (for short 'the Tribunal'), Bangalore dated 16-10-2008 made in MVC No.7624/2007, filed this appear seeking for enhancement of compensation.

(2.) The brief facts of the case are as follows: On 18-10-2007 at about 7.30 p.m., when the minor appellant was standing near the shop of his residence at Doddatoguru village road, the rider of the motorbike bearing registration No.KA-06-R-6131, came in a rash and negligent manner and dashed against the claimant. Due to the accident, the appellant sustained injuries and he was admitted to the St. John's Medical College Hospital for treatment and thereafter at Jayachamarajendra Government Hospital, Hassan. The Doctor who has treated the appellant stated that there is fracture of left femur and injury to the right leg. The claimant claim that he was aged about 8 years, studying in III Standard. Due to the accident, his parents have spent huge amount for his treatment and he could not attend the school which affected his academic; career and his parents also could not attend to their duty. Hence, he has sought for compensation of Rs.3,00,000/-.

(3.) The Tribunal after considering the oral and documentary evidence let in by the parties and on considering the injuries and the disability sustained by the claimant, awarded a sum of Rs.25,000/- towards pain and sufferings, Rs.3,635/- towards medical expenditure; Rs.5,000/- towards incidental charges; Rs.7,000/-towards loss of income of the mother of the claimant during treatment period and Rs.20,000/- towards loss of amenities in life. Thus, in all, the Tribunal has awarded a sum of Rs.60,635/- as compensation to the claimant. Being not satisfied with the same, the claimant has filed this appeal seeking for enhancement of compensation.