Karnataka High Court
Master Prajwal N M vs Sri Puttappa M S on 31 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:30320
MFA No. 1711 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1711 OF 2018 (MV)
BETWEEN:
MASTER PRAJWAL N M
S/O N.MUDDURAJ
AGED ABOUT 13 YEARS
R/AT NO.128, VINAYAKA BADAVANE
MANDYA TOWN, MANDYA DISTRICT-571401
APPELLANT IS MINOR REP BY HIS
MOTHER SMT.BHAGYA
MINOR GUARDIAN & NEXT FRIEND
...APPELLANT
(BY SRI. RAJA L.,ADVOCATE)
AND:
1. SRI PUTTAPPA M S
S/O LATE BILLIGEGOWDA
MAJOR,
94, MALLAIAHANA DODDI
MANDYA TALUK & DISTRICT.
Digitally signed by
HEMALATHA A
Location: HIGH 2. SRI.SIDDEGOWDA K
COURT OF S/O KEMPALINGEGOWDA
KARNATAKA MAJOR
NO.26/1, KODIYALA
SRIRANGAPATNA TALUK
MANDYA DISTRICT.
3. THE BRANCH MANAGER
THE ORIENTAL INSURANCE COMPANY LTD.,
NO.1551/6,M.H.BORAIAH BUILDING
EC MANDYA EXTENTION
MANDYA TALUK & DISTRICT-571401.
...RESPONDENTS
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NC: 2024:KHC:30320
MFA No. 1711 of 2018
(BY SRI.K SURESH., ADVOCATE FOR R3:
SRI. NAVEEN PATIL, ADVOCATE FOR R2:
NOTICE TO R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:21.10.2017
PASSED IN MVC NO.31/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JDUGE & CJM, MACT, MANDYA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant challenging by the judgment dated 21.10.2017 passed by MACT, Mandya in MVC No.31/2016.
2. Facts giving rise to the filing of the appeal briefly stated are that on 13.06.2015, when the claimant along with others traveling in Mahindra Maxi Cab bearing Registration No.KA-09/3282 from Dharmastala towards Subramanya, at that time, the driver of the said Cab around 06.30 a.m., drove the same in a rash and negligent manner near Hanila of Srivagilu Village, Puthuru -3- NC: 2024:KHC:30320 MFA No. 1711 of 2018 Taluk, on Gundya-Subramanya road, lost the control over the said vehicle, turtled the same and capsized towards left side of the road. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that he spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent Nos.1 and 2 appeared through counsel and filed written statement denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case, -4- NC: 2024:KHC:30320 MFA No. 1711 of 2018 mother of the claimant examined herself as PW-1, and Dr.Sunder Raj was examined as CW-1, and got exhibited documents namely Ex.P1 to Ex.P22 and Ex.C1 to Ex.C4. On behalf of the respondents, neither examined any witness nor exhibited any document. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.6,83,100/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant has submitted that the claimant was aged about 11 years at the time of the accident and he was studying 5th Standard. The claimant has sustained degloving injury over dorsal aspect of hand with extensar tender loss with contamination. He -5- NC: 2024:KHC:30320 MFA No. 1711 of 2018 has examined the doctor as CW-1. The doctor has deposed that the claimant has suffered permanent disability of 40% to right upper lower limb and 13.35% to whole body. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. But the Tribunal considering the same and granted overall compensation of Rs.6,83,100/- is on lower side.
With the above submission, the learned counsel sought to allow the appeal.
7. On the other hand, the learned counsel for the Insurance Company has submitted that the claimant is a minor boy aged about 11 years and a non earning member. The injuries sustained by the claimant are minor in nature. After recovering from injuries, he has continued his studies. The Tribunal considering the nature of injuries and evidence of CW-1 and relying on the decision of Apex Court in the case of Master Mallikarjun -v- Divisional Manager, National Insurance Company Limited and -6- NC: 2024:KHC:30320 MFA No. 1711 of 2018 Another (2014) 14 SCC 396, has rightly awarded just and reasonable compensation and it does not call for interference. Hence, he sought dismissal of the appeal With the above submission, the learned counsel sought to dismiss the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 13.06.2015 due to rash and negligent driving of the offending vehicle by its driver.
10. At the time of the accident, the claimant was aged about 11 years and he was studying 5th Standard. The claimant has sustained degloving injury over dorsal aspect of hand with extensar tender loss with contamination. He has examined the doctor as CW-1. The doctor has deposed that the claimant has suffered permanent disability of 40% -7- NC: 2024:KHC:30320 MFA No. 1711 of 2018 to right upper lower limb and 13.35% to whole body. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the evidence of the claimant, injuries suffered by the claimant and in view of law laid down by Apex Court in the case of 'MALLIKARJURN' (supra), I am of the opinion that the overall compensation of Rs.6,83,100/- awarded by the Tribunal has to be enhanced to Rs.7,25,000/- with 6% interest.
11. Accordingly, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of Rs.7,25,000/-.
d) The Insurance Company is directed to deposit the compensation amount along with interest -8- NC: 2024:KHC:30320 MFA No. 1711 of 2018 @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE HA List No.: 2 Sl No.: 84