Karnataka High Court
Sri. Ravi vs Girish D S on 21 December, 2023
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NC: 2023:KHC:46816
MFA No. 6400 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.6400 OF 2019 (MV-I)
BETWEEN:
1. SRI. RAVI
S/O SOMASHEKAR
AGED ABOUT 18 YEARS
DOLLENAHALLI VILLAGE
C.S. PURA HOBLI, GUBBI TALUK
TUMKUR DISTRICT.
Digitally ...APPELLANT
signed by JAI
JYOTHI J (BY SRI. SUBRAMANYA PRASAD T.V. ADV.,)
Location:
HIGH AND:
COURT OF
KARNATAKA 1. GIRISH D.S.
S/O NARASIMHAIAH
R/O NO.7, DOLLENAHALLI VILLAGE
C.S.PURA HOBLI, GUBBI TALUK
TUMKUR DISTRICT.
2. THE MANAGER
SRIRAM GENERAL INSURANCE COMPANY LIMITED.,
BRANCH OFFICE NO.5
3RD FLOOR, MONARCH CHAMBERS
OPP. INFANTRY WEDDING HALL
INFANTRY ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B.C. SHIVANNEGOWDA, ADV., FOR R2
R1 SERVED & UNREPRESENTED)
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MFA No. 6400 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.10.2018 PASSED IN MVC
NO.146/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, ADDITIONAL MACT, GUBBI, 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
This Appeal is filed by the claimant aggrieved by the
award passed in M.V.C.No.146/2017 on the file of the
Additional Senior Civil Judge & Additional Motor Accident
Claims Tribunal, Gubbi, dated 16.10.2018, whereby the
Tribunal has granted an amount of Rs.8,50,200/- as
compensation. The claimant is before this Court seeking
enhancement of the compensation.
2. The claim petition was filed seeking
compensation of Rs.20,00,000/-. According to the
claimant, who is represented by his father, is 15 years old
as on the date of accident, he has sustained injuries in the
accident that took place on 20.06.2016. The Doctor, who
was examined as PW-2, has stated that he has treated the
claimant for fracture of distal third right femur where a
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spanning external fixator was applied and skin grafting
was done and referred to higher centre and external
fixator was removed on 16.08.2016 and open reduction
and fracture fixation was done on 13.08.2016. According
to the Doctor, when he examined the patient on
27.06.2018, he found complaints regarding pain over the
right thigh and knee with difficulty to walk on plain
surface, difficulty in claiming stairs and unable to stand on
both legs. According to the doctor, there is a disability of
74% to the limb and 24.6% to the whole body.
3. The Court below, considering the evidence on
record and applying the ratio laid down by the Hon'ble
Apex Court in the case of Master Mallikarjuna Vs.
Divisional Manager, National Insurance Co. Ltd., and
another1, has granted compensation of an amount of
Rs.8,50,200/-.
4. Learned counsel appearing for the claimant
submits that in the case of Master Mallikarjuna (supra),
AIR 2014 Supreme Court 736
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the claimant was 12 years old, whereas in this case the
claimant is 15 years old. He submits that as per the doctor
the claimant had sustained the disability of 24.6%. The
Tribunal ought to have taken the notional income and
ought to have applied the multiplier and granted the
compensation. It is submitted that the ratio in the case of
Master Mallikarjuna (supra), do not apply to the facts of
the present case. It is submitted that the Tribunal has
failed to take into consideration the loss of earning of the
parents and further for the nourishment that the claimant
was in hospital for a period of 135 days [4 1/2 months]. It
is submitted that even for future medical expenses and all
other heads, the Tribunal has granted meager
compensation. Hence, he seeks for enhancement of
compensation.
5. Learned counsel appearing for the insurance
company submits that the Tribunal has rightly applied the
ratio in the case of Master Mallikarjuna (supra). He
submits that the compensation awarded by the Tribunal is
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on the higher side. Learned counsel submits that the
claimant is not entitled for compensation under other
heads as per the judgment in the case of Master
Mallikarjuna (supra). It is submitted that already for
nourishment and attendant charges a sum of Rs.40,000/-
is granted and he submits that no grounds are made out
for enhancement of compensation.
6. Having heard the learned counsel on either side
perused the entire material on record. The claimant is 15
years old, the Tribunal had applied the ratio in the case of
Master Mallikarjuna (supra). According to the learned
counsel for the claimant, the notional income is to be
taken and compensation has to be granted, this Court is
not able to appreciate the said submission of the learned
counsel for the claimant. According to the learned counsel
for the insurance company, the other heads are not part of
the Master Mallikarjuna's case (supra), hence, the
claimant is not entitled for compensation under other
heads. In Master Mallikarjuna's case (supra), the
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claimant was 12 years old, and in this case the claimant is
15 years old and studying in college, considering the
same, as far as heads with regard to transportation,
attendant charges, nourishment expenses and the loss of
earning to the parents during laid up period is concerned,
this Court is inclined to grant the compensation.
Considering the hospitalization, towards nourishment
expenses, attendant charges & transportation
expenses, a sum of Rs.85,000/- is awarded. Towards
the loss of earning to the parents during the laid up period
is concerned, considering the hospitalization for a period of
4 1/2 months, this Court is granting compensation for a
period of six months towards the loss of earning to the
parents an amount of Rs.57,000/- (Rs.9500 X 6).
7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, the claimant is entitled for an
amount of Rs.10,000/- towards 'legal expenses'.
(2014) 11 CC 178
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8. In the light of the above discussion, the
claimant is therefore, entitled to the compensation under
the following heads:
Sl.No. Heads Compensation
(Rs.)
1 Pain & Suffering Rs.3,00,000
2 Medical Expenses Rs.4,75,200
3 Future medical expenses Rs.35,000
4 Nourishment expenses, Rs.85,000
attendant charges &
transportation expenses
5 Loss of earning to Rs.57,000
parents during laid up
period
6 Legal expenses Rs.10,000
Total Rs.9,62,200
9. Accordingly, the following:
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ORDER
i) The Appeal is partly allowed enhancing the
compensation amount from Rs.8,50,200/- to
Rs.9,62,200/-.
ii) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
iii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the amount shall
be disbursed in terms of the order of the
Tribunal.
iv) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
v) No costs.
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Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
BSR
