Karnataka High Court
Kum.Syed Sadiq S/O S Shakiri vs Lathakumari B W/O Bhaskarappa D on 15 April, 2024
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NC: 2024:KHC-D:6354
MFA No. 100794 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100794 OF 2021 (MV-I)
BETWEEN:
KUM. SYED SADIQ S/O. S. SHAKIRI,
AGE: 7 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS
MINOR GUARDIAN I.E. HIS FATHER
SRI. S. SHAKIRI S/O. MOHAMMEED IQBAL SAB,
AGE: 42 YEARS, OCC: BUSINESS,
R/O. IMAM MOHALLA, OLD BAMBOO BAZAR,
HARIHAR, NOW R/O. ISLAMPUR PNI,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. LATHAKUMARI B. W/O. BHASKARAPPA D,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. 1ST FLOOR, 4TH MAIN, 4TH CROSS,
BESIDE VIDYA TAILOR, VINOBHA NAGAR,
Digitally TQ & DIST: DAVANAGERE-577006.
signed by
JAGADISH T R
Location: 2. THE LEGAL CLAIMS MANAGER,
HIGH COURT
OF
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD,
KARNATAKA SUDEV PLAZA, 3RD FLOOR, OPP: LAXMI TEMPLE,
DAJIBAN PETH, HUBBALLI-580020.
...RESPONDENTS
(BY SRI. M. Y. KATAGI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 18.01.2021
PASSED IN MVC NO.1404/2019 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:6354
MFA No. 100794 of 2021
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed by the minor claimant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 18.01.2021 passed in
MVC.No.1404/2019 by the II Addl. Senior Civil Judge &
Addl. MACT., Ranebennur (for short, 'Tribunal').
3. Heard Sri. Chandrashekar M.Hosamani, learned
counsel appearing for the appellant/claimant and
Sri.M.Y.Katagi, learned counsel appearing for respondent
No.2/Insurance Company.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in not awarding any compensation
under the head of loss of income of the parent during the
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treatment period. Thus, he seeks to allow the appeal by
awarding appropriate compensation on the aforesaid head.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and seeks
to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for parties. Perused the material
available on record.
7. The parties to the proceedings do not dispute
that in a road accident dated 15.09.2019, the
appellant/minor sustained injuries and considering the
injuries and disability suffered by him, the Tribunal has
awarded total compensation of Rs.3,53,700/-, however,
the Tribunal has committed an error in not awarding any
compensation under the head of 'loss of income of the
parent during treatment period'. Taking the notional
income of the appellant's father at Rs.13,250/- per month,
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the appellant is entitled to Rs.39,750/- (i.e.Rs.13,250 X
3 months) under the head of 'loss of income of the parent
during treatment period'.
8. Insofar as the award of compensation by the
Tribunal on other heads is concerned, the same is
unaltered. Thus, the claimant shall be entitled to total
compensation of Rs.3,93,450/- (i.e.Rs.3,53,700 +
Rs.39,750) as against Rs.3,53,700/- awarded by the
learned Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total
compensation of Rs.3,93,450/- as against
Rs.3,53,700/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
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from the date of petition till the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
accrued interest before the Tribunal within a
period of six weeks from the date of receipt
of certified copy of this judgment.
e) On such deposit, the same shall be released
in favour of the claimant/injured.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
