Master Mohammed Bilal vs United India Insurance Co. Ltd
2022 Latest Caselaw 7596 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 27th DAY OF MAY 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD

                MFA No.9957 OF 2018 (MV)

BETWEEN:

Master. Mohammed Bilal
S/o Annisabanu
Aged about 11 years
R/by mother Annisabanu
R/o No.57 (1), Bazar Lane
Joga Sagar Taluk
Joga Kargal
Shimoga District                               ... Appellant

(By Sri. Shripad V. Sharti, Advocate)

AND:

1.     United India Insurance Co. Ltd.
       MVC Hub, Krishi Bhavan
       Hudson Circle, Nrupathunga Road
       Bangalore - 01
       By Its manager

2.     Mr.Ramesh L.
       S/o Lakshmanappa, Major
       R/at Mudagodu Village
       Hosabale Post, Soraba Taluk
       Shimoga - 29
                                            ... Respondents
(By Sri.K. N. Srinivasa, Advocate for R1:
  Notice to R2 is dispensed with)
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      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated:11.07.2018 passed
in MVC No.5122/2017 on the file of the XIX Additional
Small Causes Judge, and MACT (SCCH-17) Bengaluru,
Partly allowing the claim petition for compensation and
seeking enhancement of compensation.

      This MFA, coming on for hearing, this day, this
Court, delivered the following:

                    JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act',

for short) has been filed by the claimant being

aggrieved by the judgment dated 11.07.2018 passed

by the Motor Accident Claims Tribunal, Bangalore in

MVC No.5122/2017.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 03.12.2016 at about 7.00

p.m., the claimant was walking on the extreme left

side of Ulavi - Hosabale road. At that time, a

motorcycle bearing registration No.KA-15/R-1377

ridden by its rider at a high speed and in a rash and

negligent manner, dashed to the claimant. As a

result, the claimant fell down and sustained grievous

injuries and was hospitalized.

3. The claimant filed a petition through his

guardian under Section 166 of the Act on the ground

that he suffered lot of pain due to the injuries

sustained and due to the injuries suffered he could not

concentrate on studies and he cannot attend the final

examination. It was pleaded that he also spent huge

amount towards medical expenses, conveyance, etc.

It was further pleaded that the accident occurred

purely on account of the rash and negligent driving of

the offending vehicle by its driver.

4. On service of notice, the respondent No.1

appeared through counsel and filed written statement

in which the averments made in the petition were

denied. Even though policy in respect of the offending

vehicle is admitted, but liability is subject to terms

and conditions of the policy. Hence, he sought for

dismissal of the petition.

The respondent No.2 did not appear before the

Tribunal and hence he was placed exparte.

5. On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. The mother of the claimant

was examined as PW-1 and got exhibited 13

documents namely Ex.P1 to Ex.P13. On behalf of the

respondents, neither any witness was examined nor

produced any documents. The Claims Tribunal, by the

impugned judgment, inter alia, held that the accident

took place on account of rash and negligent driving of

the offending vehicle by its rider, as a result of which,

the claimant sustained injuries. The Tribunal further

held that the claimant is entitled to a compensation of

Rs.40,000/- along with interest at the rate of 7.5%

p.a. and directed the Insurance Company to pay the

compensation amount. Being aggrieved, this appeal

has been filed.

6. The learned counsel for the claimant has

contended that at the time of the accident, the

claimant was aged about 10 years and was studying in

5th standard. Due to the accident he suffered grievous

injuries. The overall compensation awarded by the

Tribunal at Rs.40,000/- is on the lower side. Hence,

he sought for allowing the appeal.

7. On the other hand, the learned counsel for

the Insurance Company has contended that the

injuries are minor in nature. At the time of the

accident the claimant was studying in 5th standard and

since he has continued his studies therefore, there is

no loss. The Tribunal considering the age of the

claimant and disability has awarded just and

reasonable compensation. Hence, sought for

dismissal of the appeal.

8. Heard the learned counsel for the parties.

Perused the judgment and award and the original

records.

9. It is not in dispute that the claimant

suffered injuries in the accident occurred due to rash

and negligent riding of the offending vehicle by its

rider.

At the time of the accident the claimant was

aged about 10 years, he was a student of 5th

standard. Due to the accident he suffered fracture of

nasal bone, ruptures of nose and facial injuries.

Considering the injuries suffered by the claimant

and considering the wound certificate, I am of the

opinion that in addition to the compensation awarded

by the Tribunal, the claimant is entitled to additional

compensation of Rs.40,000/-. The enhanced

compensation carries interest @ 6% p.a.

The Insurance Company is directed to deposit

the compensation amount along with interest @7.5%

p.a. (interest @ 6% p.a. on the enhanced

compensation) from the date of filing of the claim

petition till the date of realization, within a period of

six weeks from the date of receipt of copy of this

judgment. The claimant is not entitled to interest on

the enhanced compensation for the delayed period of

34 days.

To the aforesaid extent, the judgment of the

Claims Tribunal is modified.

Accordingly, the appeal is allowed in part.

Sd/-

JUDGE

Cm/-