Karnataka High Court
United India Insurance Company ... vs Kumari.Sapana Sanappa Mesne on 4 April, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MF.A. NO.103615 OF 2015 (MV-I)
BETWEEN:
UNITED INDIA INSURANCE COMPANY LIMITED,
THE MANAGER, MARUTI GALLI, BELAGAVI,
REP. BY ITS ASSISTANT MANAGER.
... APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
1. KUMARI SAPANA SANAPPA MESNE,
AGE 12 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY HER NATURAL
GUARDIAN FATHER
SRI.SANAPPA BAIRU MENSE
AGE: 36 YEARS, OCC: ARMY
R/O:MARANHOL, TQ: & DIST: BELAGAVI.
2. SRI. LAXMAN SHATTU PATIL,
AGE: MAJOR, OCC: BUSINESS,
Digitally R/O: MARANHOL, POST:SALAMWADI,
signed by J
MAMATHA TQ: & DIST: BELAGAVI-590010.
J Location: ...RESPONDENTS
MAMATHA Dharwad (BY SRI. SANJAY S.KATAGERI, ADVOCATE FOR R1;
Date:
2022.04.05 SHRI M.A. HULYAL, ADVOCATE FOR R2)
10:30:39
+0530
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, AGAINST THE JUDGMENT & AWARD DATED 08.07.2015,
PASSED IN MVC NO.2343/2014 ON THE FILE OF THE IX-ADDITIONAL
DISTRICT AND SESSIONS JUDGE & MEMBER ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING THE
COMPENSATION OF RS.5,43,000/- WITH INTEREST AT THE RATE OF
9% P.A. FROM 14.11.2014 TILL ITS REALIZATION AND RS.10,000/-
WHICH SHALL BE DEPOSITED BEFORE THE TRIBUNAL WITHIN ONE
MONTH FROM THE DATE OF THIS ORDER.
-2-
MFA No.103615/2015
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. In this appeal, the accident is not in d ispute.
The claimant at the time of accident was aged about
12 years and she has suffered fracture of right tibia.
2. The Trib unal has awarded the followings
sums as compensation:
1. Pain and sufferings Rs.50,000/-
2. Future loss of happiness Rs.1,00,000/-
and amenities
3. Loss of income to parents Rs.12,000/-
4. Incidental charges Rs.21,000/-
5. Future loss of income Rs.3,00,000/-
6. Medical expenses Rs.50,000/-
7. Marriage prospects Rs.10,000/-
8. Future medical expenses Rs.10,000/-
TOTAL Rs.5,53,000/-
3. It is the case of the appellant - Insurance
Company that as per the decision of the Hon'ble Apex
Court in the case of Master Mallikarjun Vs.
Divisional Manag er, The National Insurance
Company Limited and Anr. in Civil Ap peal
No.7139/2013, d isposed of on August 26, 2013, the
award of compensation of Rs.1,00,000/- towards loss
MFA No.103615/2015
of unhappiness and amenities cannot be granted. She
also submits that a sum of Rs.50,000/- awarded
towards pain and suffering cannot also be granted.
Learned counsel further contend s that the disability
assessed by the Tribunal at 15% is on the lower side.
4. The Tribunal has assessed the disability at
15% tak ing note of the fact that the Doctor was
examined and he had stated that the claimant had
suffered disability to the extent of 25% to the right
lower limb and he had stated that the claimant had
suffered comminuted fracture, upper 3 r d right tibia and
Fibula with impending compartment syndrome. In my
view, having regard to the fact that the medical
evidence on record, the assessment of permanent
disab ility at 15% cannot be found fault with.
5. Learned counsel for the appellant is however
justified in contending that the sum of Rs.1,00,000/-
awarded towards loss of unhappiness and amenities in
the present case was not called for. It is true that in
all the cases relating to a minor, the loss of amenities
MFA No.103615/2015
would not automatically be granted . In the present
case, hav ing regard the to the injuries suffered, the
award of Rs.1,00,000/- towards loss of unhappiness
and amenities would be improper. Therefore, the
award of Rs.1,00,000/- award ed towards loss of
unhappiness and amenities is disallowed.
6. In all other respects, the compensation
awarded by the Tribunal is just and proper and the
same do not call for any interference.
7. Thus, the claimants would be entitled to a
total compensation as follows:
1. Pain and sufferings Rs.50,000/-
2 Loss of income to parents Rs.12,000/-
3 Incidental charges Rs.21,000/-
4 Future loss of income Rs.3,00,000/-
5 Medical expenses Rs.50,000/-
6 Marriage prospects Rs.10,000/-
7 Future medical expenses Rs.10,000/-
TOTAL Rs.4,53,000/-
8. Accordingly, the appeal filed by the
appellant - Insurance Company is allowed in part, the
judgment and award passed by the Trib unal is
modified.
MFA No.103615/2015
9. The claimants would be entitled to a total
compensation of Rs.4,53,000/- instead of
Rs.5,53,000/- awarded by the Tribunal along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
10. The appellant - Insurance C ompany is
directed to deposit the entire compensation amount
along with interest excluding the amount in deposit, if
any, before the Tribunal within six weeks from the
date of receip t of a certified copy of this judgment.
11. On deposit of the entire compensation
amount, the claimant would be entitled to withdraw a
sum of Rs.2,00,000/- (Rupees two lakhs) only and the
remaining compensation amount shall be kept in fixed
deposit in any nationalized Bank for a period of five
years. In the event, the marriage of the claimant is
fixed before the expiry of five years, liberty is
reserved to the claimant to seek for release of the
remaining amount.
MFA No.103615/2015
12. The amount in deposit, if any, before this
Court be transmitted to the Tribunal for disbursement
and excess amount in deposit, if any, be refunded to
the appellant-Insurance Company.
Sd/-
JUDGE
Vnp*
