Prithviraj Since minor reptd. By his Father and natural guardian R. Venkatesh @ Venkateshappa vs Managing Director KSRTC Depot. Managing Director KSRTC Depot. Vs Prithviraj Since minor reptd. By his Father and natural guardian R. Venkatesh @ Venkateshappa

S. Abdul Nazeer, J.—These appeals are directed against the judgment and award in MVC No. 1848/2008 dated 9.3.2010 on the file of the Motor Accident Claims Tribunal. Bangalore.

MFA No. 7839/2010 was filed by the claimant seeking enhancement of compensation. MFA No. 7206/2010 was filed by the Karnataka State Road Transport Corporation (for short ''the Corporation'') challenging the judgment and award on the ground that the compensation awarded by the Tribunal is excessive.

There is no dispute as to the occurrence of the accident and the liability of the Corporation to pay the compensation.

The learned Counsel for the Corporation contends that the claimant was aged 14 years at the time of the accident. His left leg below the knee was amputated. The Doctor has opined that he had suffered 70% disability to the particular limb. The Tribunal has taken the disability at 30% to the whole body, which is excessive. It is further argued that the compensation awarded on the other heads are also on a higher side.

On the other hand, learned Counsel appearing for the claimant contends that the Tribunal ought to have taken the functional disability at 100%, and compensation towards loss of future income should have been awarded accordingly. It is further contended that the Tribunal has not awarded any compensation towards attendant and other incidental expenses. The Tribunal ought to have awarded compensation towards loss of expectation of life. In this connection, he has relied on the decision of a Division Bench of this Court in Fakirappa v. Smt. Yallawwa and Anr. - 2004 (1) KCR 637.

I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.

In identical set of facts and circumstances, this Court in FAKIRAPPA''S case (supra), has awarded a compensation towards expectation of life at Rs. 50,000/- and Rs. 10,000/- towards attendant and other incidental expenses. In the said case also, the claimant was aged 14 years at the time of the accident. The total compensation awarded is Rs. 5,85,000/-.

In the present case, the Tribunal has awarded total compensation of Rs. 4,95,040/-. The compensation awarded towards pain and suffering, medical expenses, loss of marriage prospects, loss of future earning, loss of amenities and future medical expenses are just and reasonable. However, the Tribunal ought to have awarded compensation towards loss of expectation of life in a sum of Rs. 45,000/- and attendant and other incidental expenses in a sum of Rs. 10,000/-. Thus, the claimant is entitled for additional compensation of Rs. 55,000/- towards compensation with interest at 6% per annum in addition to what has been awarded by the Tribunal.

In the result, I pass the following:

ORDER

(i) The appeal filed by the Corporation in MFA No. 7206/2010 is hereby dismissed.

(ii) MFA. No. 7839/2010 filed by the claimant is allowed in part.

(iii) The Corporation is further directed to deposit the entire amount of compensation including the enhanced amount of Rs. 55,000/- with interest at 6% per annum from the date of the application till the date of deposit within a period of eight weeks from today.

(iv) The enhanced compensation amount shall be dispersed to the claimant on such deposit. No costs.