Karnataka High Court
Dilshad D/O Ismail vs Maruti S/O Hanumesh Rao Maratha on 23 September, 2022
Bench: H.P.Sandesh
-1-
MFA No. 100460 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 100460 OF
2015 (MV-I)
BETWEEN:
1. DILSHAD D/O ISMAIL
AGE: 13 YEARS, OCC: STUDENT,
SINCE MINOR R/BY HER FATHER
ISMAIL S/O ABDUL ZALEEL
AGE: 42 YEARS, OCC: DRIVER,
R/O. KORRAMMA CAMP,
TQ: GANGAVATHI, DIST: KOPPAL
...APPELLANT
(BY SRI. M AMARE GOUDA, ADVOCATE)
AND:
1. MARUTI S/O HANUMESH RAO MARATHA
AGE: 31 YEARS,
OCC: DRIVER OF TATA SUMO
VEHICLE BEARING NO.KA-37/M-1652, R/O. KARATAGI,
GANGAVATHI, DIST: KOPPAL
2. Y SRINIVAS S/O LAXMIDAS
AGE: 38 YEARS,
OCC: BUSINESS and OWNER OF
TATA SUMO VEHICLE BEARING NO.KA-37/M-1652,
R/O. CHELLUR CAMP, GANGAVATHI, DIST: KOPPAL
-2-
MFA No. 100460 of 2015
3. THE DIVISIONAL MANAGER
DIVISIONAL OFFICER, UNITED
INDIA INSURANCE COMPANY LTD.,
GANDHI CHOUK, RAICHUR
...RESPONDENTS
(BY SRI. PRASHANT S KADADEVAR, ADVOCATE FOR R1 & R2,
SRI.N.R.KUPPELUR, ADVOCATE FOR R3)
THIS APPEAL IS FILED U/SEC.173(1) OF THE MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT & AWARD
DATED:03.09.2012, PASSED IN MVC.NO.206/2009, ON THE FILE OF
THE SENIOR CIVIL JUDGE & MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL, GANGAVATHI, PARTLY ALLOWING THE CLAIMS PETITION
FOR COMPENSATION & SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission today, with
the consent of both the parties, it is taken up for final
disposal.
2. The claimant aged about 7 years met with an
accident and he has suffered fracture of tibia and also
patella and doctor assessed disability at 20% to whole
body in the chief examination, but in the cross-
MFA No. 100460 of 2015
examination, he admits that it comes to 10% to whole
body.
3. Having taken note of the nature of injuries and
mal union of tibia and when the doctor has assessed the
disability at 10%, this Court has to take note of the
judgement of the Apex Court in the case of Master
Mallikarjun vs. Divisional Manager, The National
Insurance Company Limited and Another reported in
AIR 2014 SC 736, wherein it is held that in a case of
disability at 10%, the Court has to award Rs.1,00,000/-
and hence, Rs.1,00,000/- is awarded in the present case
also.
4. The injured was also in hospital for 10 days and
parents might have lost their income and apart from that
food and incidental expenses, it is appropriate to award
Rs.25,000/- on loss of income of the parents and other
incidental expenses.
MFA No. 100460 of 2015
5. The Tribunal awarded an amount of Rs.3,000/-
towards medical expenses and no bills are produced
before the Court and hence, it is appropriate to award in
total Rs.10,000/- on medical expenses including future
medical expenses. In all, the claimant is entitled for
Rs.1,35,000/-. The Tribunal has already awarded
Rs.1,17,800/- and hence it requires modification.
6. Counsel appearing for the appellant also
produced additional document along with I.A. to show that
the policy was in force at the time of accident and
Insurance Company also verified the same and submits
that the same is valid and liability has to be modified and
the same has to be fastened on the Insurance Company.
7. In view of the discussions made above, I pass
the following:
ORDER
Appeal is allowed in part.
MFA No. 100460 of 2015
In modification of the impugned judgment and award
passed by the Tribunal, the claimant is entitled for a sum
of Rs.1,35,000/- with interest at 6% p.a. from the date
of petition till realization as against Rs.1,17,800/- awarded
by the Tribunal and liability is fastened on the Insurance
Company.
The Insurance Company is directed to pay/deposit
the compensation amount along with interest within six
weeks from the date of this order.
Apportionment and deposit of the compensation
amount would be as per the award of the Tribunal.
The registry is directed to transmit the trial court
records forthwith.
Sd/-
JUDGE
SH
