Sunil Kumar (r) Manjunatha, Appellant Being The Minor Represented By Natural Guardian Mother Jayamma vs M. K. Devaraj and The Manager, New India Assurance Company Ltd.

Subhash B. Adi

There is a delay of 7 days in filing the appeal. Though the contesting respondent is served and represented, no objection is tiled. Cause shown is accepted. Delay condoned. This is claimant''s appeal seeking enhancement of compensation. The Tribunal has awarded compensation of Rs. 70,000/- with interest. Unsatisfied with the same, the claimant is before this Court.

In the accident, the claimant had suffered head injury. He was aged about 12 years at the time of the accident. Doctor has taken disability at 15% only on the basis that the claimant was unconscious when he met with the accident. There is no clear evidence with regard to the disability. The Tribunal has awarded compensation of Rs. 70,000/- under the following heads:-

Pain and suffering :

Rs. 20,000/-

Medical attendant and nutritious Food :

Rs. 10,000/-

Medical Expenses :

Rs. 5,000/-

Loss of amenities and other Incidental expenses :

Rs. 35,000/-

TOTAL.

Rs. 70,000/-

The compensation awarded by the Tribunal at Rs. 70,000/ appears to be on a lower side. Having regard to the treatment and loss of income of the appellant during the laid-up period and the circumstances. I find that the claimant would be entitled for additional global compensation of Rs. 40,000/-. In all, the claimant is entitled for Rs. 40,000/- over and above the compensation awarded by the Tribunal with interest.

Accordingly, the appeal is partly allowed.