MASTER ANIL S/O. NARASIMHA Vs. MANAGING DIRECTOR, B.M.T.C., K.H. ROAD, SHANTHINAGAR, BANGALORE - 560027 AND THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., CHICKPET BRANCH, K.R. ROAD, VANIVILAS HOSPITAL, BANGALORE

JUDGEMENT

(1.) THOUGH the matter is posted for admission, with the consent of the counsel, it is taken up for final disposal. The appellant -a minor boy has filed this appeal through his guardian, claiming enhancement in the quantum of compensation awarded by the Tribunal in respect of the injuries sustained by him, in a motor vehicle accident.

(2.) THE facts reveal that on 03.10.2008 at about 9.30 a.m., the appellant, a student, aged about 10 years was alighting from a BMTC bus bearing reg. No. KA 01 -FA -258 at PUP School bus stop on ring road, within the limits of Kamakshipalya Police Station. At that time the bus driver abruptly drove the bus in rash and negligent manner oven before the appellant would get down from the bus and as a result, the appellant lost balance, fall down on the road and the wheel of the bus ran over his right foot, it was crushed under the wheel, resulting in very grievous injuries. He was studying in V standard at the time of the accident. Due to the injuries sustained, he was admitted in the hospital. His father was looking after him. In the circumstances, he has claimed compensation of Rs. 8,00,000 -00 on all the heads. The claim of the appellant was contested by the 2nd respondent before the Tribunal. During the enquiry, the father of the appellant was examined as P.W. 1 and the doctor as P.W. 2 and in their evidence, documents Exs.P1 to 12 were marked. No oral evidence was led by the respondents, but the insurance policy was marked with consent as Ex.R1. The Tribunal after hearing the learned counsel for the parties and on appreciation of the material on record held actionable negligence on the part of the driver of the bus and granted compensation of Rs. 1,95,000 -00 with interest at 6% p.a. from the date of the petition till its payment. Dissatisfied with the quantum of compensation, the present appeal has been filed.

(3.) THE point that arises for my consideration is; Whether the appellant is entitled to the enhanced compensation? If so, to what extent?