RADHIKA Vs. G DEENADAYAL

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of the learned counsel for the appellant and the respondent, the matter is taken up for final disposal.

(2.) The appellant has challenged the impugned judgment and award passed by the court below in MVC No.1001/2011 dated 1.9.2012, awarding compensation in a sum of Rs.1,13,000.00 with interest at 6% p.a., contending that the compensation awarded is on the lower side and sought for enhancement of compensation urging various grounds.

(3.) The factual matrix of this appeal is as under: It is stated in the claim petition that on 3.6.2011 at about 4.15 p.m., while the minor petitioner was crossing the road near Peepul Tree, Dr.Ambedkar Jnanaloka 2nd Main Road, Metagalli from North to South, the offending vehicle namely the canter bearing registration No.KA- 09/A-1983 came from East to West in a rash and negligent manner and dashed against the petitioner. Due to which, the petitioner Radhika, aged about 2 years, at the time of accident, fell down and sustained injuries. Immediately, she was shifted to JSS Hospital, Mysuru and later on shifted to Victoriya Hospital at Bengaluru and took treatment as an inpatient. The next friend and guardian of the petitioner has spent huge amount towards conveyance, attendant charges, nourishing food, medical expenses etc., Because of the accident, the minor petitioner sustained injuries and the same has been revealed in the wound certificate marked at Exhibit P-2 and she was subjected to X-rays as per Exs.P-4 and P-15. The Medical bill at Ex.P- 6 and Medical prescription at Ex.P7 has been produced by the claimant Krishna said to be the father of the injured Radhika. The first respondent is the owner and second respondent is the insurer of canter and therefore, both the respondents are jointly and severally liable to pay the compensation. Therefore, the petitioner claim compensation of Rs.7,50,000.00 with interest at 12% p.a., from the date of petition till the date of realization. But the Tribunal has awarded compensation of Rs.1,13,000.00 with interest at 6% p.a., which is called in question by the claimant/appellant seeking enhancement of compensation before this court.