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Judgment
Huluvadi G. Ramesh, J.—This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the Fast Track Court-II, Tumkur, in M.V.C. No. 600/2010, dated 28th February 2011.
Claimant is a minor aged 7 years at the time of accident, it is the case of the claimant that on 14.5.2010 when he was standing along with his father on the left side of the road in order to cross the road in front of Kempegowda Bank, 4th Cross, Ashoknagar, Tumkur, at that time, a Mahendra Scorpio car bearing registration No. KA-06-M-5335 came in a rash and negligent manner and dashed against him and the wheel of the car ran over his right foot causing crush injury. He was treated at General hospital, Tumkur and thereafter, at Siddartha hospital, Agalakote and he was inpatient for more than two months. As such, claim petition came to be filed before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising as many as four issues, after enquiry, holding that the accident was due to negligence on the part of the driver of the car in question, awarded total compensation of Rs. 1,12,037/- with 6% interest under the following heads:
Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
As per the X-ray report, claimant sustained fracture of left 2nd and 5th metatarsal bone. He was operated and wound debridement and skin grafting was done. The doctor has assessed 20% disability to the right leg. Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs. 10,000/- towards loss of amenities and enjoyment in life, Rs. 15,000/- towards loss of future income due to disability taking the notional income, Rs. 15,000/- towards incidental expenses and Rs. 15.000/- towards future medical expenses. Thus, in all the claimant is entitled to compensation of Rs. 55,000/- over and above the compensation awarded by the Tribunal out of which, Rs. 40,000/- shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. The insurer to deposit the amount within three months.
Appeal is allowed in part accordingly.