Karnataka High Court
Kumar Laxmikanth S/O Mallappa ... vs Shri.Appanna S/O Linganagouda ... on 28 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
M.F.A. NO. 101640 OF 2018 (MV-I)
BETWEEN:
KUMAR LAXMIKANTH S/O MALLAPPA PUJERI,
AGE: 17 YEARS, OCC: STUDENT,
R/O: MANAGUTTI, TQ: HUKKERI,
DIST: BELAGAVI,
SINCE MINOR REPRESENTED BY
HIS NEXT FRIEND NATURAL FATHER,
SHRI.MALLAPPA S/O PIRAJI PUJARI,
AGE: 41 YEARS, OCC: COOLIE,
R/O: MANAGUTTI, TQ: HUKKERI-591309,
DIST: BELAGAVI.
... APPELLANT
(BY SMT. GEETHA K M @ PAWAR, ADVOCATE)
AND:
1. SHRI.APPANNA S/O LINGANAGOUDA DESAI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: A/P: NAGANOOR K.M., TQ: HUKKERI-591309,
DIST: BELAGAVI.
(OWNER OF HERO HONDA HF. DELUXE
MOTORCYCLE BEARING REG. NO.KA-23/EG-3469)
J 2. RELIANCE GENERAL INSURANCE COMPANY LTD.,
MAMATHA REPRESENTED BY ITS MANAGER,
Digitally signed by J HAVING ITS DIVISIONAL OFFICE AT
MAMATHA
Location: Dharwad
MAHADEV PLAZA, CTS NO.10719,
Date: 2022.03.30
11:41:10 +0530
SY.NO.1357/A, NEAR KOLHAPUR CIRCLE,
NEHRU NAGAR, BELAGAVI-590010.
... RESPONDENTS
(BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2;
RESPONDENT NO.1 - SERVED)
This MFA is FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 05.12.2017 PASSED
IN MVC NO.2088/2015 ON THE FILE OF THE X-ADDITIONAL
-2-
MFA No. 101640 of 2018
DISTIRCT JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, 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
1. Being dissatisfied with the sum awarded by
the Tribunal, the claimant is in appeal.
2. The fact that the accident had occurred in
which the minor boy-claimant aged about 14 years
suffered grievous injuries is not in dispute. The
liability of the Insurance Company to pay the
compensation is also not in dispute. The Tribunal has
awarded the following sums as compensation:
1. Pai n and suf feri ng already Rs.1,00,000/-
undergone and to be s uff ered in
fut ure, mental a nd physical
shock, hardship, inc onvenience
and discomforts , etc., and loss of
ameniti es in lif e on account of
perma nent disability.
2. Los s of ea rni ngs to the parents Rs.28,000/-
duri ng the peri od of
hos pitalization.
3. Medical and i ncid ental ex pens es Rs.40,000/-
duri ng the peri od of
hos pitalization.
TOTA L Rs.1,68,000/-
MFA No. 101640 of 2018
3. It is the case of the claimant that as per the
evidence of the Doctor, the claimant has suffered
permanent physical disability at 35% to the left lower
limb and 25% of his left shoulder joint. However, the
Tribunal has assessed the whole body disability at
10% and the Tribunal has therefore awarded a sum of
Rs.1,00,000/- as compensation towards "Pain and
suffering already undergone and to be suffered in
future, mental and physical shock, hard ship,
inconvenience and discomforts, etc., and loss of
amenities in life on account of permanent disability".
4. In my view, having regard to the extent of
disability suffered to the left lower limb and left
shoulder joint, interest of justice would be served, if
compensation of Rs.1,00,000/- awarded by the
Tribunal towards "Pain and suffering already
undergone and to be suffered in future, mental and
physical shock, hardship, inconvenience and
discomforts, etc., and loss of amenities in life on
account of permanent disability" is enhanced to
Rs.1,50,000/- and the same is accordingly enhanced.
MFA No. 101640 of 2018
5. The compensation of Rs.28,000/- towards
"loss of earnings to the parents during the period of
hospitalization" and Rs.40,000/- towards "Medical and
incidental expenses during the period of
hospitalization" awarded by the Tribunal being just
and proper and the same are confirmed.
6. Thus, the claimant would be entitled to the
following compensation:
1. Pai n and suf feri ng already Rs.1,50,000/-
undergone and to be s uff ered in
fut ure, mental a nd physical
shock, hardship, inc onvenience
and discomforts , etc., and loss of
ameniti es in lif e on account of
perma nent disability.
2. Los s of ea rni ngs to the parents Rs.28,000/-
duri ng the peri od of
hos pitalization.
3. Medical and i ncid ental ex pens es Rs.40,000/-
duri ng the peri od of
hos pitalization.
TOTA L Rs.2,18,000/-
7. Accordingly, the appeal filed by the
appellant-claimant is allowed in part. The appellant-
claimant is entitled to a total compensation of
Rs.2,18,000/- in stead of Rs.1,68,000/- awarded by
the Tribunal along with interest at the rate of 6% p.a.
from the date of the petition till its realization.
MFA No. 101640 of 2018
8. The respondent - Insurance Company is
directed to deposit the entire compensation amount
along with interest before the Tribunal within a period
of six weeks from the date of receipt of a certified
copy of this judgment for disbursement to the
claimant.
9. The order of apportionment and deposit as
ordered by the Tribunal shall hold good for the
compensation awarded in this appeal.
Sd/-
JUDGE
Vnp*
