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Judgment
Huluvadi G. Ramesh, J.—Appeal is against the award passed by the MACT VIII, Muddebihal in MVC 71/2004 on 26.4.2010. It is the claimant''s case, on 10.9.2009 around 9.30 p.m. the driver of the vehicle bearing No. KA 33 1175 has driven the vehicle in a negligent manner while the claimant was travelling in it towards Kudalasangama. Due to the negligence of the driver of the vehicle in question, near Jammaldinni Cross the driver having lost control, the vehicle toppled. Due to the impact, claimant suffered fracture of the chest and fracture of the lower third end of the Ulna. In the claim petition filed, on the matter being contested, the Tribunal having held that the accident was due to the negligence of the driver of the vehicle, awarded compensation of Rs. 44,000/- on the following heads:
Not satisfied with the quantum of compensation, appellant is before this Court.
Heard the counsel representing the parties.
Having gone through the evidence and the nature of injuries caused, I am of the view, under me head pain and suffering, claimant has been suitably awarded. So also under the head medical expenses and loss of income during treatment period, he has been suitably awarded. However, under the head loss of amenities, another Rs. 5,000/- could be awarded; and under the head diet, conveyance and attendant charges, only Rs. 1,000/- has been awarded and it could be enhanced by another Rs. 5,000/-. So far as disability is concerned, claimant is a boy of 18 years and he could be awarded a reasonable compensation of Rs. 20,000/- towards loss of future income. Thus, the claimant would be entitled to Rs. 30,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months. Appeal is allowed in part.