Kumari Monisha vs Siddesh
2022 Latest Caselaw 8981 Kant

                              1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JUNE, 2022

                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            M.F.A.NO.2795 OF 2014 (MV)

BETWEEN:

KUMARI MONISHA,
D/O N MUNIRAJA,
AGED ABOUT 6 YEARS,
SINCE THE PETITIONER IS
MINOR REPTD. BY HER FATHER
N MUNIRAJA, AGED ABOUT 36 YEARS,
AS NATURAL GUARDIAN

RESIDING AT:
NO.232, HENNAGARA,
JIGANI HOBLI, ANEKAL TALUK,
BANGALORE - 560 034.                    ...APPELLANT

(BY SRI JAGADISH G KUMBAR, ADV. FOR
 SRI SREENIVASAIAH A)

AND:

  1. SIDDESH,
     S/O SIDDALINGAPPA,
     RAJAPPA, HENNAGARA POST,
     ANEKAL TALUK,BANGALORE - 562106.

  2. THE MANAGER,
     IFFCO-TOKIO GEN INS CO. LTD.,
     3RD FLOOR, NO.8,
     CUNNINGHAM ROAD,
     NEAR CHANDRIKA HOTEL,
     RESIDENCY ROAD,
     BANGALORE - 560 034.       ...RESPONDENTS
                               2




(BY SRI PRADEEP B, ADV. FOR R2 (VC),
 V/O/DT: 28.06.2016, NOTICE TO R1 IS DISPENSED)
                         ----
      THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV
ACT, AGAINST THE JUDGMENT AND AWARD DATED:
07.11.2013 PASSED IN MVC NO.5064/2012 ON THE FILE OF
THE III ADDL. SENIOR CIVIL JUDGE AND MACT, BANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-


                        JUDGMENT

The instant appeal is filed impugning the judgment

and award dated 07.11.2013 passed by the III Addl.

Senior Civil Judge and Motor Accident Claims Tribunal,

Bangalore (SCCH-18) in MVC No.5064/2012.

2. The claim petition is filed by the minor girl aged

4 years who met with an accident on 13.05.2012 as the

rider of bike bearing Regn. No.KA-51-H-9193 came in high

speed in rash and negligent manner and dashed against

the claimant. The claimant sustained injuries and the

petition is filed invoking Section 166 of Motor Vehicles Act

against the owner of the bike as well as the insurer.

3. On appreciation of evidence, the tribunal has

found that the rider of the bike was rash and negligent,

concluded that the vehicle involved in the accident was

duly insured with the 2nd respondent and awarded

compensation of Rs.2,00,280/- under the following heads:

Sl. Compensation heads Compensation No. amount (Rs.)

1. Pain and agony 30,000/-

        2. Medical expenses                  4,280/-
        3. Rest, nourishment and
           attendant charges during         10,000/-
           laid up period
        4. Conveyance                        5,000/-
        5. Loss      of       marriage
                                            25,000/-
           prospectus
        6. Loss of future income            81,000/-
        7. Loss of amenities and
                                            30,000/-
           discomfort in life
        8. Future medical expenses          15,000/-
           Total                         2,00,280/-

4. Aggrieved by the quantum, the claimant is in

appeal seeking enhancement.

5. Heard learned counsel for the appellant as well as

the learned counsel for the respondent/insurer.

6. The evidence on record would indicate that the

claimant has suffered fracture of femur, was inpatient in

the hospital for 2 days and she was advised rest for 3

months. The doctor after examining the claimant has

noticed that there is reduction of bone by 3 cms and

disability is assessed at 20% to the whole body.

7. The learned counsel for the appellant would place

reliance on the judgment of the Hon'ble Apex Court in the

case of MALLIKARJUN vs DIVISIONAL MANAGER,

NATIONAL INSURANCE COMPANY AND ANOTHER

reported in (2014)14 SCC 396. The Apex Court in

para.No.12 of the said judgment has indicated the

guidelines for assessment of compensation under non-

pecuniary heads where the disability is incurred by the

minor. As per the ratio laid down in the aforesaid

judgment, if the disability is between 10-30% to the whole

body, then, the minor is entitled to compensation of

Rs.3,00,000.00. Therefore, Rs.3,00,000.00 is to be

awarded in addition to other heads. This being the

position, the compensation awarded under the heading of

pain and agony at Rs.30,000/- and compensation under

the heading of loss of amenities and discomfort in life at

Rs.30,000/- appears to be on lower side.

8. This Court is also of the view that award of

Rs.10,000/- under the head of nourishment and attendant

charges awarded by the tribunal is on lower side. Same

has to be enhanced by another Rs.15,000.00. Thus, the

claimant is entitled to compensation as under:

Pain and Suffering already Rs.3,00,000.00 undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and loss of amenities on account of permanent disability Medical expenses, special Rs. 25,000.00 diet and attendant charges TOTAL Rs.3,25,000.00

9. Hence, the following:

ORDER

(i) Appeal is allowed-in-part.

(ii) The judgment and award dated 07.11.2013 passed

by the III Addl. Senior Civil Judge and Motor Accident

Claims Tribunal, Bangalore (SCCH-18) is modified.

(iii) The claimant is entitled for enhanced compensation

of Rs.1,24,720.00 with interest @ 6% p.a. from the date

of the petition till realisation.

(iv) The *enhanced compensation be kept in fixed

deposit in any nationalised bank till the claimant attains

majority.

(v) Rs.25,000.00 which is ordered to be released by the

tribunal in favour of father of the claimant, if not yet

released, same be released in favour of the father of the

claimant.

(vi) The respondent/insurance company shall make the

payment within a period of six weeks from the date of

receipt of copy of this order.

Sd/-

JUDGE brn

* Corrected vide Court order dated: 06.07.2022.