1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 28 day of October 2011 BEFORE THE HON’BLE MR.JUSTICE SUBHASH B.ADI Miscellaneous First Appeal No.21510/2010 (MV) BETWEEN Kumar Raghavendra, Sb Yallappa Balareddar, Age: 8 years. 0cc: Student, Resident of Yennihosalli. Taluk: Ranebennur. Dist: Haven. Since minor represented natural Guardian Yallappa Holiyeppa Balareddar, Age: 40 years, 0cc: Agriculture. Rio Yennihosalli. Tq: Ranebennur. Dist: Haven. .. Appellant (By Sri. B.S.Sangati, Advocate) AND: 1. Sri Hanumantappa S.Patil, Age: 50 years, 0cc: Agriculture, At. Po: Makanur, tq: Ranebennur. Dist: Haven. 2. The Divisional Managerr, National Insurance Company Ltd., Sujata Talkies Complex. P.B.Road. Hubli. .Respondents (By Sri. S.V.Yaji, Advocate for R2) (RI — served) This miscellaneous first appeal is filed under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 06.10.2008 passed in MVC No.7012004 on the file of the Civil Judge. (Sr Dn ) and Member. dditior’al MAC T Rnebennu. r-artl, alkns 1 ng tii claim petetic’ii tor c’mpt’nsdt’on and ‘ct* no eni’anren’vnt ‘ft nnpt’nsat’rr I hi’ appeal omii1.. G r.’ adr.i ssor. this flay 1 ne ‘ a irt •le”vt. ‘.d tflt- tjii)4f.tlflq JUDqMEN h .irpc•m’ •t [‘fl. tip—. a. ‘\rt ‘— ‘D ‘:“2 i’’ ‘ • ‘ omp ?flS tior. awardc’d t tr e 1A, T kanebt.nnur iii .1 ‘1 Nc :2u(-4 oaeo ‘ 1j IV’o lh€. Ii,Lunai has ,a’J, i ompensatvjn of Rs 56 5001 wiTh interest .it 6” p a 13.iir g unsatisfied with the same the claimant i’ before tilK Court I’ is r,ot in dispute :nat claimant was 3 years . .IJ at the tin t the acent He had s ffered fnctu ° f Ui •i t’1 .- has i% SSeJ ‘Jisabi”t 4 a’ ‘F TC tr% -:fl:I: ; r.e Trir,;: : • •1 I • i,., ,., -N)’). r j’n’:,ii jn’f r.a . 1 v,ar.1. q r’sHt;ofl ‘ “ - - a’— - — p,,. jI(’r. • A - q. , - ‘• II •b • ).• •c. .•, % -. L t - at .‘ J, f..f r p-i.,., 3 3. Considering the age of the claimant, who was 3 years old at the time of the accident and the likelihood of recovery and union of the fracture, there is no loss of income as such. However, towards pain and suffering, loss of income of parents during laid-up period, incidental expenses and loss of amenities, the compensation awarded by the Tribunal is on the lower side. Having regard to the same. an additional sum of Rs.10,000I- is awarded towards pain and suffering and additional sum of Rs.10,000 towards loss of amenities: Rs. 12,000/- towards loss of income of parents during laid-up period: Rs.5.000/- towards incidental expenses; and Rs. 15,000/- towards disability. In all, the claimant is entitled to a sum of Rs.52,000/- over and above the compensation awarded by the Tribunal with interest. Accordingly. appeal is allowed in part. safr Kmsi