JUDGMENT :

This appeal is at the instance of the claimant seeking enhancement of compensation awarded by the learned II Additional Senior Civil Judge and Additional M.A.C.T., Belgaum (for short “the Tribunal”) by its judgment and award dated 16.09.2010 in MVC No.161/2007.

2. The brief facts are that on 24.10.2006 at about 4.45 p.m., while minor claimant, aged about 7 years, was proceeding by the side of the road of Kudal to Peth, a goods vehicle bearing registration No.MH-07/5577 being driven by its driver in rash and negligent manner and in high speed, came and dashed against the minor claimant and dragged her for a distance of about 20 feet causing her grievous injuries.

3. On the claim petition being filed, the respondent No.1-owner of the vehicle remained ex-parte. The Insurance Company resisted the claim petition by filing its statement of objections.

4. During Trial, the mother of the claimant was examined as PW1 and a specialist doctor was examined as PW2. Exs.P1 to P.14 were marked. The respondents did not examine any witnesses but the policy of insurance was marked as Ex.R1.

5. Learned Tribunal, after hearing the learned counsel on both sides and on perusing the records, allowed the petition in part and awarded a compensation of Rs.4,41,250/-with interest thereon at 6% per annum from the date of petition till the date of payment with liability to pay the compensation fastened on the Insurance Company.

6. Learned counsel for the appellant-minor claimant strenuously contended before me that the compensation awarded is on the lower side and same is required to be enhanced. In this behalf he took me through the wound certificate at Ex.P7, disability certificate at Ex.P9 and discharge summary at Ex.P10. He also invited my attention to the photographs of the minor claimant at Ex.P14, which show the enormous damage caused to her on account of the accident. He, therefore, submitted that by following the decision of the Hon’ble Supreme Court in Kajal v. Jagdish Chand and others, (2020) 4 SCC 413 and Master Ayush v. Branch Manager, Reliance General Insurance Co. Ltd., and another, 2022 SCC online SC 375 the compensation awarded by the Tribunal is required to be enhanced.

7. The learned counsel for the Insurance Company, per contra, contended that the learned Tribunal, after evaluating the entire evidence placed before it, has awarded just and fair compensation and therefore, no case is made out for enhancing the compensation and the appeal is liable to be dismissed.

8. I have given anxious consideration to the submissions made on both sides and I have carefully perused the records.

9. Under the head of pain and sufferings, the learned Tribunal has awarded a sum of Rs.1,00,000/- and I am satisfied that the said compensation is fair and reasonable and accordingly, it is maintained.

10. The learned Tribunal has come to the conclusion that the guardian of the minor claimant had spent Rs.80,173/-towards hospital bills and accordingly, the sum of Rs.80,173/-awarded by the learned Tribunal under the head of medical expenses is maintained.

11. The learned Counsel submits that the claimant was inpatient for two months. This clam is supported by evidence. Since the claimant was aged hardly 7 years, a full time attendant’s presence would have been necessary to take care of her in the hospital. Therefore, under the head of conveyance charges and attendant expenses, a sum of Rs.25,000/-is awarded. Under the head of nourishing food, a sum of Rs.15,000/-is awarded.

12. I have perused the photographs produced under Ex.P14 and it shows the deformity suffered by the claimant. Claimant is a female child. The disability and disfigurement suffered by her affects her marriage prospects adversely. Hence, Rs.3,00,000/- is awarded towards loss of marriage prospects.

13. Now important question is, what is the amount of compensation to be awarded under the head o