Karnataka High Court
Nandan Kumar vs Vinay Kumar N on 27 November, 2023
-1-
NC: 2023:KHC:42885
MFA No. 7913 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO.7913 OF 2022(MV-I)
BETWEEN:
NANDAN KUMAR,
S/O Y. VENKATESHACHAR,
NOW AGED ABOUT 17 YEARS,
R/AT 2ND CROSS,
MIRZA EXTENSION,
HIRIYUR,
TOWN - 577 599.
APPELLANT IS SINCE MINOR,
REP. BY HIS GUARDIAN,
I.E, FATHER Y VENKATESHACHAR,
S/O YALLACHAR,
NOW AGED ABOUT 48 YEARS,
R/O NANJAIHNAKOTTIGE VILLAGE,
HIRIYUR TALUK,
NOW R/O 2ND CROSS,
MIRZA EXTENSION,
Digitally signed by HIRIYUR TOWN.
MALA K N
...APPELLANT
Location: HIGH
COURT OF (BY SRI. RANGEGOWDA N.R., ADVOCATE)
KARNATAKA
AND:
1. VINAY KUMAR N.,
S/O NAGENDRA CHARI,
AGED MAJOR,
R/O N.M. ROAD,
K.R. PET TOWN,
MANDYA DIST.
-2-
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MFA No. 7913 of 2022
2. THE REGIONAL MANAGER,
SHRIRAM GENERAL INSURANCE CO.LTD.,
REGIONAL OFFICE RIIC INDUSTRIAL AREA,
SITA PURA, JAIPURA,
RAJASTHAN STATE.
...RESPONDENTS
(BY SRI. N.A. MALLIKARJUNA REDDY, ADVOCATE FOR
SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED:06.04.2023, NOTICE TO
R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.08.2022 PASSED IN MVC
NO. 64/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, ADDITIONAL MACT AT HIRIYUR, CHITRADURGA 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
In this appeal, the petitioners have challenged the
judgement and Award dated 19.08.2022 passed in
MVC.No.64/2014 by the Senior Civil Judge & Additional
MACT, Hiriyur, Chitradurga (in short, 'the Tribunal').
2. The parties will be referred to as per their
status before the Tribunal for the sake of convenience.
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3. Brief facts of the case are, on 09.09.2013 at
1.00 p.m., at Lakkenahalli Bus stop, Shira Taluk, while the
petitioner with his father was watching the Ganapathi
procession, was hit by a bike bearing vehicle No.KA-50-
7537 injuring the petitioner. After treatment at Aditya
Orthopedic and Trauma Centre, Tumkur, the father of the
petitioner has moved the Tribunal for grant of
compensation of Rs.5 Lakhs. The claim was opposed by
the Insurance Company. The Tribunal after taking
evidence, by the impugned judgment, awarded a global
compensation of Rs.1,35,000/- with 6% per annum.
Pleading inadequacy and seeking enhancement, the
petitioner has filed this appeal on various grounds.
4. Heard the arguments of Sri. Rangegowda N.R.,
learned counsel for the petitioner and Sri. B. Pradeep,
learned counsel for the Insurance Company.
5. It is the contention of the learned counsel for
the petitioner that the injured was 9 year old, under 5
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days hospitalization for fracture of both the bones of left
leg, huge amount was spent towards treatment. Parents
have laid up their working to take care of their child. The
global compensation is on the lesser side and sought for
enhancement of compensation.
6. Per contra, the learned counsel for the
Insurance Company has contended that the fractures will
not affect the petitioner as he was nine year old boy
studying in 5th standard, the fractures are being re-
united, there is no medical evidence speaking the
disability. It is fairly submitted that an enhancement of
Rs.20,000/- may be done and rest he has supported the
impugned judgment.
7. I gave my anxious consideration to the
arguments addressed on behalf of both the parties and
perused the materials on record. The occurrence of the
accident is not in dispute, so also, fracture of both the
bones of left leg suffered by the petitioner, the injured was
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a nine year old boy in the year 2013. He was hospitalized
for five days. The parents of the injured have laid up for
certain period. The petitioner has produced medical bills at
Exs.P10 to 27 amounting to Rs.11,562/-, that can be
taken note of.
8. The Tribunal for the reason that the injured was
a minor, awarded global compensation. The petitioner
suffered grievous injuries of fractures of both bones of left
leg. The compensation ought to have been assessed under
individual heads. One of the parents of injured must not
have attended to their work at least for a period of four
months to take care of their son. The notional income is
taken at Rs.8,000/- per month for the accident of the year
2013, in the absence of any proof of income. Hence, the
loss of income during laid up period is calculated to
Rs.32,000/- (Rs.8,000x4 months). The petitioner is
entitled for the following sums:
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SL.NO. PARTICULARS AMOUNT (Rs.)
01. Pain and suffering 60,000-00
02. Medical Bills 12,000-00
03. Attendant charges and traveling 6,000-00
expenses
04. Food and nourishment 25,000-00
05. Loss of Amenities and discomfort 60,000-00
06. Loss of income during laid up 32,000-00
period
TOTAL 1,95,000-00
The total compensation comes to Rs.1,95,000/- as
against Rs.1,35,000/- awarded by the Tribunal, thereby
enhancing Rs.60,000/-. Hence, the appeal merits
consideration. In the result, I pass the following:
ORDER
i) Appeal is allowed-in-part.
ii) The impugned judgment and award is
modified.
iii) The petitioner is entitled to enhanced
compensation of Rs.60,000/- along with
interest at 6% per annum from the date of
petition till the date of realization.
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iv) The Insurance company is directed to deposit
the compensation within eight weeks from the
receipt of the certified copy of the judgment.
v) The amount in deposit shall be transmitted to
the Tribunal.
Sd/-
JUDGE
SNC
CT:SNN
