Karnataka High Court
Prakash vs Leelavathi R on 11 December, 2023
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MFA No. 7243 of 2018
C/W MFA No. 7244 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 7243 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7244 OF 2018(MV-I)
IN MFA NO.7243/2018
BETWEEN:
KUMARI. AISHWARYA
D/O. PRAKASH,
AGED ABOUT 12 YEARS,
SINCE MINOR,
REPRESENTED BY HER NATURAL GUARDIAN
AND FATHER
PRAKASH
S/O. LATE MUDDANNA @ HANUMAIAH,
R/AT MADAKANAHALLI,
GOWDAGERE HOBLI,
SIRA TALUK,
NOW R/AT
Digitally C/O. SHIVANNA,
signed by JAI
JYOTHI J S/O. RAMAIAH,
Location: SIDDARAPALYA,
HIGH COURT SWANDENAHALLI POST,
OF KASABA,
KARNATAKA
TUMAKURU-572 101.
...APPELLANT
(BY SRI SHANTHARAJ K.,ADVOCATE)
AND:
1. LEELAVATHI. R
W/O. NATARAJU,
AGED ABOUT 32 YEARS,
R/AT BADAVANAHALLI POST,
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MFA No. 7243 of 2018
C/W MFA No. 7244 of 2018
DODDERI HOBLI,
MADUGIRI TALUK,
TUMAKURU DISTRICT-572 132
2. RELIANCE GENERAL INSURANCE COMPANY LIMITED
BY ITS MANAGER,
NO.1 & 2, 1ST FLOOR,
MAGANULA,
COMMERCIAL COMPLEX,
NEAR KSRTC BUS STAND,
B.D. ROAD,
CHITRADURGA-577 501.
...RESPONDENTS
(NOTICE TO R-1 IS DISPENSED WITH V.O.D 05.10.2021; BY
SRI ASHOK N.PATIL .,ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19/08/2017, PASSED IN MVC
NO.1324/2016, ON THE FILE OF THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MACT, TUMAKUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 7244 OF 2018
BETWEEN:
PRAKASH
S/O LATE MUDDANNA,
AGED ABOUT 40 YEARS
R/AT MADAKANAHALLI GOWDAGERE HOBLI,
SIRA TALUK
R/AT C/O SHIVANNA,
S/O RAMAIAH,
SIDDARAPALYA,
SWANDENAHALLI POST,
KASABA TUMAKURU-572 101
...APPELLANT
(BY SRI SHANTHARAJ K.,ADVOCATE)
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MFA No. 7243 of 2018
C/W MFA No. 7244 of 2018
AND:
1. LEELAVATHI R
W/O NATARAJU,
AGED ABOUT 32 YEARS
R/AT BADAVANAHALLI POST,
DODDERI HOBLI,
MADUGIRI TALUK
TUMAKURU DISTRICT-572 132
2. RELIANCE GENERAL INSURANCE
COMPANY LIMITED
BY ITS MANAGER,
NO.1 AND 2, 1ST FLOOR, MAGANULA
COMMERCIAL COMPLEX,
NEAR KSRTC BUS STAND,
B.D.ROAD, CHITRADURGA-577501
...RESPONDENTS
(NOTICE TO R-1 IS DISPENSED WITH V.O.D 29.10.2021; BY
SRI ASHOK N.PATIL .,ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19/08/2017, PASSED IN MVC
NO.1325/2016, ON THE FILE OF THE I ADDITIONAL DISTRICT
& SESSIONS JUDGE AND MACT, TUMAKUR,PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
MVC.No.1324/2016 and MVC.No.1325/2016 dated
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19.08.2017, both the claimants have preferred
MFA.No.7243/2018 and MFA.No.7244/2018 seeking
enhancement of the compensation. The court below
disposed off these appeals by way of common order.
Hence this court is also disposing both the appeals by way
of common order.
MFA.No.7243/2018 arising out of MVC.No.1324/2016:-
2. This is a case where a minor girl had sustained
fractures to the right femur and claim petition is filed
seeking compensation of an amount of Rs.25,00,00/- for
the injuries sustained by the claimant in the accident. The
court below had awarded an amount of Rs.2,45,800/-
considering the judgment of the Hon'ble Apex Court in the
case Master Mallikarjun -Vs- Divisional Manager, The
National Insurance Company Limited & Another 1.
The court below under the head of pain and suffering had
granted an amount of Rs.40,000/-, towards medical
2013 ACJ 2445
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expenses an amount of Rs.52,840/-, towards Food,
Nourishment and Conveyance an amount of Rs.15,000/-,
towards attendant charges an amount of Rs.8,000/-,
towards disability and amenities an amount of
Rs.1,00,000/-, towards future medical expenses an
amount of Rs.30,000/-. Altogether a compensation of an
amount of Rs.2,45,800/- is granted by the Tribunal.
3. There is no representation on behalf of the
appellant. Learned counsel for the respondent-Insurance
Company submits that the court below rightly applied the
Judgment of the Hon'ble Apex Court in the case of Master
Mallikarjun case referred supra had granted the
compensation and no grounds are made out for
enhancement of the compensation.
4. In this case, the minor girl had sustained the
disability as per the doctor, she had sustained 30%
disability to the right lower limb and 10% disability to the
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whole body. While considering the compensation, court
below under the usual heads had granted the
compensation. The Hon'ble Apex Court in Master
Mallikarjun case referred supra considering various
earlier judgments of the court, it is observed that though it
is difficult to have accurate assessment of the
compensation in the case of children suffering disability,
on account of motor vehicle accident, having regard to the
relevant factors, Hon'ble Apex Court observed that the
appropriate compensation on all other heads in addition to
the actual expenditure for treatment should be, if the
disability is above 10% and up to 30% to the whole body
Rs.3,00,000/-. Up to 60% -Rs.4,00,000/-, up to 90% -
Rs.5,00,000/- and above 90%, it should be Rs.6,00,000/-.
Up to 10% it should be Rs.1,00,000/-, under the head of
pain and suffering claimant is entitled for an amount of
Rs.1,00,000/-. As per Master Mallikarjun Case, the
court below had rightly considered the compensation but
however when it comes to loss of income to the parents
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taking care of minor child no amount is granted.
Considering the income at Rs.9,500/- x 3 = Rs.28,500/-
is awarded for taking care of child by this court in
addition to what has been granted by the Tribunal. The
amounts granted by the court below under the head of
Medical expenses, Food, nourishment, conveyance and
attendant charges, Disability and amenities and Future
medical Expense are reasonable and there is no reasons to
interfere.
5. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 2, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
Altogether the claimant is entitled for an amount
Rs.3,44,340/- at 6% interest.
(2014) 11 SCC 178
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6. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Pain and suffering Rs. 1,00,000/-
2. Disability and amenities Rs. 1,00,000/-
3. Medical Expenses Rs. 52,840/-
4. Food, Nourishment and Rs. 15,000/-
conveyance
5. Attendant Charges Rs. 8,000/-
6. Future Medical Rs. 30,000/-
Expenses
7. Loss of earning to the Rs. 28,500/-
parents
8. Legal Expenses Rs. 10,000/-
Total Rs. 3,44,340/-
MFA.No.7244/2018 arising out of MVC.No.1325/2016:-
7. In this case, the claimant has sustained fracture
of both bones of right fore arm. The court below under
the head of pain and suffering had granted an amount of
Rs.40,000/-, towards medical expenses an amount of
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Rs.68,167/- is granted, towards Food, nourishment,
conveyance and attendant charges an amount of
Rs.18,000/- is granted. Then coming to loss income
during the laid up period, for two months considering
Rs.8,000/- as income had granted an amount of
Rs.16,000/-, and towards loss of future income due to
disability, as deposed by the doctor, taking 30% to the
limb and 10% to the whole body, considering the salary at
Rs.8,000/- had granted an amount of Rs.1,44,000/-.
Towards loss of amenities, an amount of Rs.10,000/- is
awarded. Towards future medical expenses, an amount of
Rs.15,000/- is granted. Altogether a compensation of an
amount of Rs.3,01,167/- rounded off to Rs.3,01,200/- was
awarded by the Tribunal.
8. There is no representation on behalf of the
Appellant. Learned counsel for the respondent-Insurance
Company is present. Learned counsel submits that the
compensation that was awarded by the Tribunal is just and
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reasonable and no grounds are made out for enhancement
of the compensation.
9. Having heard the learned counsel for the
Respondent-Insurance Company, perused entire material
on record. The claimant had sustained one fracture for
that an amount of Rs.40,000/- was granted by the court
below under the head of pain and suffering and this
court finds no reasons to interfere with the same. Then
towards loss of future income, this court taking Rs.9,500/-
as income, multiplier 15 and disability at 10% is granting
an amount of Rs.1,71,000/- under the head of loss of
future income (Rs.9,500/- x 12 x 15 x
10/100=Rs.1,71,000/-). Then Coming to the medical
expenses an amount of Rs.68,167/- granted by the court
below which is a reasonable amount basing on the
evidence. Then towards Food, Nourishment,
Conveyance and Attendant charges, the court had
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granted an amount of Rs.18,000/-, considering the
hospitilisation, this court is inclined to grant an amount of
Rs.25,000/- under above three heads. Then towards
loss of income during the laid up period, the court had
taken Rs.8,000/- as this an accident of the year 2016, this
court is taking the income at Rs.9,500/- for three months,
he is entitled for an amount of Rs.28,500/-. Towards
loss of amenities, considering the disability and the
injury, this court is inclined to grant an amount of
Rs.20,000/-. Then when it comes to future medical
expenses, the doctor has deposed he has to undergo one
more surgery and it costs about Rs.35,000/- to
Rs.40,000/-, the court below had granted an amount of
Rs.15,000/-, considering the accident is of the year 2016,
this court is inclined to grant an amount of Rs.25,000/-.
It is observed that the court below under the head of loss
of amenities had granted an amount of Rs.10,000/-,
same was not included in the tabular form while
computing the compensation.
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10. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 3, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
Altogether the claimant is entitled for compensation of an
amount Rs.3,87,667/- at 6% interest.
11. The claimant is entitled for compensation under
the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of Future Income Rs. 1,71,000/-
2. Pain and suffering Rs. 40,000/-
3. Medical Expenses Rs. 68,167/-
4. Food, Nourishment, Rs. 25,000/-
conveyance and
Attendant charges
5. Loss of income during Rs. 28,500/-
laid up period
(2014) 11 SCC 178
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6. Future Medical Rs. 25,000/-
Expenses
7. Loss of Amenities Rs. 20,000/-
8. Legal Expenses Rs. 10,000/-
Total Rs. 3,87,667/-
12. Accordingly, the appeal filed by the claimant
MFA.No.7243/2018 is Allowed-in-Part by enhancing
the compensation from an amount of Rs.2,45,800/- to
Rs.3,44,340/- and the appeal filed by the claimant in
MFA.No.7244/2018 is Allowed-in-Part by enhancing
the compensation from an amount of Rs.3,01,167/- to
Rs.3,87,667/-.
(a) The enhanced amount shall carry interest
@ 6% per annum from the date of
petition, till the date of realization.
(b) Respondent-Insurance Company shall
deposit the said compensation amount
with accrued interest before the tribunal
within a period of 8 (Eight) weeks.
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(c) The Registry is directed to return the Trial
Court Record to the Tribunal along with
the certified copy of the order passed by
this court forthwith without any delay.
(d) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
Sd/-
JUDGE
TS
