FAKKIRAPPA Vs. YALLAWWA

JUDGEMENT

(1.) A minor male child who sustained certain grievous injuries in an accident that occurred on 8. 5. 2000 involving a motor vehicle bearing certificate of registration No. KA 25-2380 owned by the respondent No. 1 and insured by the respondent No. 2, resulting in amputation of the left leg below knee, represented by his father-guardian, has preferred this appeal calling in question the correctness and legality of the judgment and award dated 4. 10. 2001 passed in M. V. C. No. 1575 of 2000 on the file of the Motor Accidents claims Tribunal (III) and II Additional district Judge, Dharwad (for short 'the m. A. C. T. '), seeking more compensation.

(2.) THE fact that the accident took place on account of rash and negligent driving of the motor vehicle involved in the accident by its driver is not in controversy. Therefore, there is no need for this court to review the finding recorded by the M. A. C. T. with regard to actionable negligence attributed to the driver of the offending vehicle.

(3.) THE learned counsel for the appellant while contending that the quantum of compensation awarded by the M. A. C. T. is unreasonable and inadequate would highlight that having regard to the fact that the left leg of the child had to be amputated below knee on account of the accident, M. A. C. T. is not justified in awarding only a sum of rs. 1,00,000 for the future loss of income. Learned counsel would also contend that the compensation awarded under other various heads is very much on a lower side. The learned counsel further contends that the M. A. C. T. ought to have awarded reasonable compensation for loss of marriage prospects, and that it is not justified in not awarding any compensation towards attendant charges, conveyance charges and towards special food and nourishment, etc. The learned counsel would also contend that interest awarded at 6 per cent is not in accordance with the recent trends reflected by the judgments of the Apex Court and those of this court.