:1: IN THE HIGH COURT OF ICARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 16th day of December, 2011 Before THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS Miscellaneous First Appeal No.21114/2009(MV) BETWEEN: KOTRESH 5/0 SAKARAPPA AGED ABOUT 25 YEARS HINDU, EX-CLEANER R/O WARD NO.10, 4TH CROSS, SATYANARAYANAPET BELLARY Appellant (By Sri.SHIVARAJ HIREMATH, Adv.) AND: i SRI HULUGAPPA AGSAR 5/0 MARIYAPPA, MAJOR OWNER OF THE MARUTHI TEMPO TRAX BEARiNG REG. NO. KA-35; 5675, r :2: RiO NEAR K.E.B. SANDUR POST AND TALUK BELLARY DISTRICT. 2. THE MANAGER NATIONAL INSURANCE CO.LTD BELLARY (POLICY NO.603704’31 /04:6303587. VALID FROM 17.01.2005 TO I 6.01.2006) Respondents (By Sri.N.R.KUPPET.UR. Adv. for B.C.SEEThARAMA RAO ADV. FOR R2) This miscellaneous first appeal is flied under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 23.9.2008 passed in MVC No.646/2006 on the file of the Motor Accident Claims Tribunal, Bellary. This appeal coming on for admission this day. the court delivered the following: JUDGMENT This appeal is directed against the Judgment and Award dated 23.9.2008 in MVC No.646/2006 passed by the Motor Accident Claims Tribunal, Bellary. :3: 2. The main grievance of the appellant is that the Tribunal committed a mistake in only awarding Rs.10.000/- tinder the head pain and suffering. On the date of accident, the petitioner was aged about 20 years and he has suffered the following injuries: C TScan Heath Haemor.zahgic Contusions Right Temporo Paiietal lobes, fmcture ofleft greater wing ofsphenoid and left padet-al bone under I)ing extra dural haematoma. 0. TNotes: Front temporo parietal craniotorny wish STD dural decompression with evacuation ofacute SDH 3. Appellant has taken treatment and is continuing the treatment. In the circumstances, another sum of Rs. 10.000 - is to be awarded under the head pain and suffering. Under the head loss of amenities Tribunal has awarded only a sum of Rs.5000/- and even on a conservative estimation the appellant is entitled for another sum of Rs. 10.000/-. In all the appellant is entitled for additional compensation of Rs.20,000I-. S :4: For the reasons stated above, the following: ORDER i) AppeaL is partly allowed. ii) The impugned judgment and award in M.V.C.No.646, 2006 is hereby modified enhancing the total compensation from Rs.208,800/- to Rs.2,28,800, -. iii) Remaining all other aspects the impugned award remains intact and undisturbed. sri/a JUDGE Dkb