ANIL KUMAR Vs. M S PRAKASH

JUDGEMENT

(1.) I heard the arguments of learned counsel appearing for both the appellant and respondent No.2 on the main. Even though, the matter was listed for admission, with the consent of learned counsel for both the parties, it is taken up for final hearing.

(2.) This miscellaneous first appeal is filed against the judgment and award passed in MVC NO.5536/2009 on the file of the Additional Judge, Court of Small Causes and Member, MACT, (hereinafter referred to as the 'Tribunal' for short), (SCCH-19), Bengaluru, challenging the quantum of compensation awarded by the tribunal in a sum of Rs.1,17,668/- as against the claim for Rs.10,00,000/- and with interest @ 6% per annum.

(3.) The appellant is a minor, represented by his father a natural guardian. The counsel for the appellant has contended that the Court below has erred in awarding only a sum of Rs.1,17,668/- as compensation and further he has contended that the tribunal has committed an error in awarding meager compensation under all the heads of compensation. It is further contended that the Doctor who has been examined as PW.2 before the tribunal has given the reasons in detail with regard to shortening of the leg and also assessed the disability at 15% to the whole body and hence he prays for modification of judgment and award of the tribunal.