Karnataka High Court
Kumar Dananjappa vs Krishnappa Sajappa Lamani on 8 April, 2024
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NC: 2024:KHC-D:6259
MFA No. 104210 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 104210 OF 2016 (MV-I)
BETWEEN:
KUMAR DANANJAPPA S/O. ANAND LAMANI,
AGE: 11 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY NATURAL FATHER
ANAND S/O. YANKAPPA LAMANI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. HOLIKERITANDA, TQ: SAUNDATTI,
DISTRICT: BELAGAVI-591126.
...APPELLANT
(BY MISS. RUKMINI PATIL, ADV. FOR
SRI. SRINIVAS B. NAIK, ADVOCATES)
AND:
1. KRISHNAPPA SAJAPPA LAMANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. HOLIKERITANDA, TQ: SAUNDATTI,
DISTRICT: BELAGAVI, PINCODE-591126.
2. THE BRANCH MANAGER,
Digitally signed ORIENTAL INSURANCE COMPANY LTD,
by JAGADISH T R MERCHANTS BANK BUILDING, 1ST FLOOR,
Location: HIGH S.R. CIRCLE, BAILHONGAL,
COURT OF
KARNATAKA DISTRICT: BELAGAVI-590001.
...RESPONDENTS
(BY SRI. RAVINDRA R. MANE, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT
AND AWARD, DATED 11-09-2015 PASSED BY THE COURT OF SENIOR
CIVIL JUDGE AND ADDITIONAL MACT, BAILHONGAL IN MVC
NO.1371/2013, ENHANCING THE COMPENSATION AS CLAIMED IN
THE APPEAL MEMO, BY ALLOWING THIS APPEAL, IN THE INTEREST
OF JUSTICE AND EQUITY AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6259
MFA No. 104210 of 2016
JUDGMENT
This appeal is filed by the minor/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 11.09.2015 passed in MVC
No.1371/2013 on the file of Senior Civil Judge and Addl.
MACT, Bailhongal (for short, 'Tribunal').
2. Heard Miss.Rukmini Patil learned counsel
appearing for the appellant/minor and Sri.R.R.Mane
learned counsel appearing for the respondent
No.2/Insurance Company.
3. Learned counsel appearing for the
appellant/minor submits that the Tribunal has committed
grave error in awarding meager compensation of
Rs.1,90,000/- to the appellant/minor for the injuries
sustained by him in the road accident. It is submitted that
PW3 has deposed before the Tribunal that the appellant
has sustained 12% disability to the whole body. Hence, as
per the law laid down by the Hon'ble Apex Court in the
case of Master Mallikarjun Vs. Divisional Manager,
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National Insurance Company Limited & Another1, the
appellant/minor would be entitled to Rs.3,00,000/- under
the heads of pain and suffering, loss of amenities and loss
of income due to disability. Hence, she seeks to reassess
the compensation by allowing the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the Tribunal has committed an error in
awarding compensation under the head of nourishment
charges, attendant and conveyance charges which are not
entitled as per the law laid down by the Hon'ble Apex
Court in the case of Master Mallikarjun referred supra.
Hence, he seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel for
the respective parties and perused the material available
on record.
2014(14) SCC 396
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6. It is not in dispute that the appellant/minor was
met with a road accident on 21.01.2013, and sustained
fracture of Tibial Spine and fracture of Ciboid and other
internal injuries. This Court taking note of the age of the
appellant as 8 years and injuries referred above, would
reassess the compensation under the under the heads of
pain and suffering, loss of amenities and loss of income
due to disability to Rs.3,00,000/- as against
Rs.1,20,000/- awarded by the Tribunal. The
appellant/minor is also entitled to Rs.25,000/- under the
head of loss of income during laid-up period and
Rs.20,000/- under the head of medical and hospital
charges.
7. Thus, in all, the claimant/minor would be entitled
to total compensation of Rs.3,45,000/- with interest at
the rate of 6% per annum from the date of petition till
realization.
8. In modification of the impugned judgment and
award of the Tribunal to the above extent, the appeal
stands partly allowed. The respondent/insurer shall
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deposit the enhanced compensation amount with accrued
interest before the Tribunal within six weeks from the date
of receipt of certified copy of this judgment. On such
deposit, the same shall be released in favour of the
appellant. Registry to draw modified award accordingly.
9. It is noticed that this Court vide order dated
25.09.2023, while condoning the delay of 363 days in
filing the appeal, made an observation that the
appellant/claimant would not be entitled for interest for
the delayed period, in case if he succeeds in the appeal.
Hence, the claimant would not be entitled for the interest
on the enhanced compensation for the delayed period.
Sd/-
JUDGE
PMP
Ct-an
