Kum Meghana vs Ravi
2022 Latest Caselaw 9843 Kant

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28 TH DAY OF JUNE, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.9859 OF 2013 (MV)

BETWEEN:

KUM. MEGHANA
D/O GURUMURTHY
AGED ABOUT 10 YEARS
OCC: STUDENT,
MINOR REPRESENTED BY HER
NATURAL GUARDIAN-FATHER,
SRI. GURUMURTHY
S/O THIMMAPPA
AGED ABOUT 39 YEARS
R/O GARJE VILLAGE AND POST,
YAGATI HOBLI, KADUR TALUK,
CHIKKAMAGALURU DISTRICT.
                                          ... APPELLANT
(BY SRI. SRIKANTH PATIL K., ADVOCATE)

AND:

1.   RAVI
     S/O A. NAGARAJAPPA
     AGED ABOUT 30 YEARS
     R/O DONNEKORANAHALLI VILLAGE,
     YAGATI HOBLI, KADUR TALUK,
     CHIKKAMAGALURU DISTRICT-577 548.

2.   GOVINDAPPA
     S/O KARIYAPPA
     AGED ABOUT 44 YEARS
     OWNER OF MOTOR CYCLE
     R/O DONNEKORANAHALLI VILLAGE,
     YAGATI HOBLI, KADUR TALUK,
     CHIKKAMAGALURU DISTRICT-577 548.
                             2


3.   THE UNITED INDIA INSURANCE CO. LTD.,
     SHIVAMANGALA BUILDING,
     C.N. ROAD,
     BHADRAVATHI,
     SHIVAMOGGA DISTRICT-577 301.
                                     ... RESPONDENTS
(BY SRI. M.U. POONACHA, ADVOCATE FOR R3;
 R1 AND R2 ARE SERVED)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT
AGAINST THE JUDGMENT AND AWARD DATED 28TH
FEBRUARY, 2013 PASSED IN M.V.C NO.134 OF 2009 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT
KADUR, CHIKKAMAGALURU DISTRICT, 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

Heard learned counsel appearing for the appellant

and learned counsel appearing for respondent No.3/Insurer.

Notice to respondents 1 and 2 is served and they remained

ex-parte.

2. The appeal is by the claimant in M.V.C No.134 of

2009 on the file of the Senior Civil Judge and Motor

Accident Claims Tribunal at Kadur, Chikkamagaluru District

(for short, hereinafter referred to as 'Tribunal'). The

claimant is impugning the judgment and award dated 28th

February 2013 as the petition seeking compensation of

Rs.1,50,000/- is allowed in part, awarding compensation of

Rs.20,500/- with interest at 6% per annum from the date

of petition till the date of deposit.

3. The accident in question is not in dispute and it is

also not in dispute that the claimant has sustained a

fracture of the Right Tibia and Fibula. In addition to that,

the claimant has also suffered two abrasion marks which

are noticed in Exhibit P6-Wound Certificate. The claimant

has also produced photographs of the injured right limb.

The Tribunal has awarded compensation of Rs.20,000/-

towards pain and suffering considering the hospitalisation

and injury suffered and awarded Rs.500/- towards medical

expenses. It is forthcoming from the records that the

claimant has not produced any records to prove expenses.

It is an admitted fact that the claimant was aged six years.

Considering the nature of the injury and also the time that

would be taken for a reunion of tibia and fibula, this Court

is of the opinion that the compensation of Rs.35,000/- is to

be awarded under the head pain and suffering, accordingly

the same is awarded. In addition to that, considering the

fact that the claimant would be confined to bed for a

minimum of 14 days for the nature of the injury she

suffered, this Court is of the opinion that Rs.15,000/- needs

to be awarded towards the inconvenience and attendant

charges. Accordingly, compensation is enhanced to

Rs.50,000/- as against Rs.20,500/-.

Hence the following:

ORDER

i) Appeal is allowed in part;

ii) The impugned judgment and award dated 28th February, 2013 passed in M.V.C. No.134 of 2009 on the file of the Senior Civil Judge & Motor Accident Claims Tribunal, Kadur is modified;

iii) The claimant is entitled to compensation of Rs.50,000/- in lieu Rs.20,500/- awarded by the Tribunal;

iv) Enhanced compensation shall carry interest at 6% per annum from the date of petition till the date of payment.

Sd/-

JUDGE

ARK