Prakash S/O.Balappa Gudyappagol vs Balappa Ningappa Gudyappagol, ...
2022 Latest Caselaw 1178 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 27 S T DAY OF JANUARY, 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              M.F.A. No.23626/2010 (MV)

BET WEEN

SRI. PRAKASH S/O. B ALAPPA GU DDYAPPA GOL,
AGE: 24 YEARS, OCC: STU DENT, NOW NIL,
R/O. KARAVINKUMP I, POST: KHANAGAON,
TALU KA AND DIST: B ELAGAVI-590016.
                                             ...APPELLANT
(BY SRI.MADANMOHAN M.KHANNU R AND
 SMT.SARITA H.DODDAMANI, ADVOCATES)

AND

1.    SRI. B ALAPPA NIN GAPPA GU DDYAPPAGOL,
      AGE: MAJOR (CORRECT AGE NOT KNOWN),
      OCC: AGRICULTU RE, R/O KARAVINKU MPI,
      POST: KHANAGAO N,
      TALUKA AND DIST RICT: B ELAGAVI-590016.

2.    B AJAJ ALLIANZ GENERAL INSU RANCE CO.LTD.,
      NEAR K.L.E. DENTAL COLLEG E,
      NEHRU NAGAR, B ELAGAV I-590016,
      B Y ITS MANAGER.
                                         ...RESPONDENTS
(BY MISS. ANUSHA SANGAMI FOR
 SRI. S.K.KAYAKAMAT H, ADVOCAT ES FOR R2;
 NOTICE TO R1 SERVED)

     THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 04.06.2010 PASS ED IN
MVC No.3362/ 2005 ON THE FIL E OF THE P RES IDING
OFFICER, FAST T RACK COU RT-IV AND MACT., B ELGAUM,
PARTLY    AL LOWING  THE     CLAIM   PETIT ION   FOR
                                   2




COMPENSATION         AND      SEEKING      ENHANCEMENT           OF
COMPENSATION.

     THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:

                             JUDGMENT

This appeal is filed by the claimant being not

satisfied with the amount of compensation award ed by

the Presiding Officer, Fast Track Court-IV and M.A.C.T.,

Belag avi, vide its judgment and award dated

04.06.2010 p assed in MVC No.3362/2005.

2. Though this appeal is listed for admission,

with the consent of the learned counsels appearing

for the parties, the appeal is taken up for final

disposal. The parties to this appeal are referred to by

their rankings before the Tribunal for the sake of

convenience.

3. Brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are:

On 16.10.2005, the claimant was proceeding in

a motorcycle bearing registration No.KA-22/U-3520

as a pillion rider and when the vehicle reached near

Muttyanatti village on Hudali-Kakati road, the rider of

the motorcycle who was driving the same in a rash

and negligent manner, lost control of the vehicle and

thereby caused the accident. In the said accident, the

claimant suffered grievous injuries and he was

admitted to Vijaya Hospital, Belagavi wherein he was

treated to as an inpatient. Claim petition under

Section 166 of the Motor Vehicles Act, 1988 (for

short, the 'Act') was filed by the injured claimant

seeking compensation of `2,50,000/- from the owner

and insurer of the offending motorcycle bearing

registration No.KA-22/U-3520. The tribunal partly

allowed the claim petition and awarded a

compensation of `97,000/- to the claimant with

interest at 6% per annum from the date of petition

till realization. Being not satisfied with the amount of

compensation awarded by the tribunal, the claimant

has preferred this appeal seeking enhancement.

4. Learned counsel for the claimant submits

that the compensation awarded by the tribunal is on

the lower side. He submits that there is a head injury

to the claimant who was a minor and the said injury

has affected his studies. He submits that the tribunal

has not awarded any compensation towards loss of

income of parents during the laid up period of the

minor claimant. He also submits that having regard

to the disability suffered by the claimant, the

compensation awarded is very meager and

accordingly, he prays to enhance the same.

5. Learned counsel appearing for the insurer

was not disputed the liability to pay the

compensation amount. She submits that

compensation awarded by the tribunal is just and

proper and needs no interference. Accordingly, she

prays to dismiss the appeal.

6. I have carefully appreciated the rival

arguments addressed on both sides and also perused

the material available on record.

7. The accident in question is not in dispute,

so also the involvement of the motorcycle bearing

registration No.KA-22/U-3520 in the said accident. It

is also not in dispute that the claimant had suffered

grievous injuries in the said accident. The claimant

was a minor aged about 14 years as on the date of

accident. He was studying in 9 t h standard at the time

of accident. The doctor who has examined the

claimant has assessed the disability due to injury

suffered by the claimant at 15% and when compared

to the whole body, it is required to be taken at 5%.

Since the claimant was a minor, having regard to the

judgment of the Hon'ble Apex Court in the case of

Master Mallikarjun Vs. Divisional Manager,

National Insurance Company Limited and

another reported in AIR 2014 SCC 736, the tribunal

ought to have awarded a compensation of

`1,00,000/- towards non-pecuniary damages. In

addition to the same, the claimant is entitled for the

actual amount of medical expenses incurred.

Therefore the compensation of ` 17,000/- awarded by

the tribunal towards medical expenses remains

unaltered. Towards loss of income and incidental

expenses of the parents of the minor who would have

attended him during his laid up period, the claimant

is entitled for a further sum of ` 25,000/-. In addition

to the same, the claimant is also entitled for a sum of

`10,000/- towards loss of amenities. Therefore in all,

the claimant is entitled for total compensation of

`1,52,000/- as against the sum of `97,000/- awarded

by the tribunal.

8. Since the liability has not been disputed by

the insurer, the enhanced compensation amount with

interest shall be deposited by the insurer of the

offending vehicle before the tribunal within a period

of six weeks from the date of receipt of certified copy

of this order.

It is made clear that even the enhanced amount

shall carry interest at 6% per annum from the date of

petition till realization. However having regard to the

order dated 26.11.2021, the claimant will not be

entitled for interest on the enhanced amount for the

period from 14.01.2011 till 26.11.2021, in view of

order dated 26.11.2021 passed by the Co-ordinate

Bench of this Court while allowing I.A.No.1 and 2 of

2011. The claimant is entitled to withdraw the entire

amount before the tribunal immediately after the

deposit. Appeal is accordingly partly allowed.

Sd/-

JUDGE

AC/ CL K