Karnataka High Court
Kumar Pratik Krishna Lad vs Shri Bharat Parasharam Redekar on 15 April, 2024
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NC: 2024:KHC-D:6343
MFA No. 102306 of 2023
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. 102306 OF 2023 (MV-I)
BETWEEN:
KUMAR PRATIK KRISHNA LAD,
AGE: 11 YEARS, OCC: STUDENT,
SINCE APPELLANT IS MINOR REPRESENTED
BY HIS NATURAL FATHER AS MINOR
GUARDIAN KRISHNA BHOMANI LAD,
AGE: 43 YEARS, OCC: COOLIE,
R/O. 38, LAXMI GALLI, MACHHE,
BELAGAVI, TQ & DIST: BELAGAVI-590014.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SHRI. BHARAT PARASHARAM REDEKAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O. 4638, NAVAGEKAR NAGAR,
WAGHAVADE ROAD, MACHHE,
TQ & DIST: BELAGAVI-590014.
Digitally signed
by JAGADISH T
2. THE DIVISIONAL MANAGER,
R UNITED INDIA INSURANCE CO. LTD,
Location: HIGH
COURT OF
KARNATAKA
MARUTI GALLI, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. RAJASHEKHAR S. ARANI, ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FIELD U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C
NO.1418/2022, ON THE FILE OF IV ADDITIONAL DISTRICT JUDGE,
AND MACT-V, BELAGAVI, AT BELAGAVI, DATED 06/04/2023, BY
ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6343
MFA No. 102306 of 2023
JUDGMENT
This appeal is filed by the injured/claimant seeking for
enhancement of compensation being aggrieved by the
judgment and award dated 06.04.2023 passed in MVC
No.1418/2022 on the file of IV Additional District Judge and
MACT-V, Belagavi (hereinafter referred to as 'Tribunal' for
brevity).
2. Heard Sri.Harish S Maigur, learned counsel
appearing for the appellant and Sri.Rajashekar S Arani, learned
counsel for respondent No.2.
3. Learned counsel for the appellant submits that the
Tribunal has committed a grave error in awarding
Rs.1,00,000/- under the head of disability, pain and suffering
which is contrary to the law laid down by the Hon'ble Supreme
Court in the case of Master Mallikarjun vs. Divisional
Manager National Insurance Company Limited and
Another reported in 2013 ACJ 2445. He seeks to reassess
the same by allowing the appeal.
4. Per contra, Sri.Rajshekhar S Arani, learned counsel
appearing for respondent No.2 supports the impugned
NC: 2024:KHC-D:6343
judgment and award of the Tribunal and submits that
admittedly the Tribunal has committed an error in awarding
compensation under the head of food, nourishment and
transportation and also under the head of loss of academic
career and marriage prospects, which is contrary to the law laid
down by the Hon'ble Supreme Court. He seeks to dismiss the
appeal.
5. I have heard the arguments of learned counsel for
the appellant and learned counsel for respondent No.2. Perused
the material available on record.
6. The appellant who was minor at the time of
accident sustained fracture of mid-shaft of left femur and
shortening of left leg 1 inch. Considering the evidence available
on record, the Tribunal assessed the disability of appellant at
10% to the whole body. This Court keeping in mind the
enunciation of law laid down by the Hon'ble Supreme Court in
the case of Master Mallikarjun, referred supra reassesses
entitlement of compensation as under:
Pain and suffering already Rs.3,00,000/-
|undergone and to be suffered
in future, mental and physical
NC: 2024:KHC-D:6343
shock, hardship,
inconvenience, and
discomforts, etc., and loss of
amenities in life on account of
permanent disability.
Medical and incidental Rs.75,000/-
expenses
loss of income of parents Rs.44,250/-
during treatment period
Rs.14,750, x 3
Total Rs.4,19,250/-
7. Thus, the appellant is entitled to total compensation
in a sum of Rs.4,19,250/-. The said compensation shall carry
interest at the rate of 6% per annum from the date of petition
till realisation.
8. In the result, this Court proceeds to pass the
following:
ORDER
(a) The appeal stands allowed in part.
(b) The impugned judgment and award of the Tribunal
stands modified. The appellant is entitled to total
NC: 2024:KHC-D:6343
compensation in a sum of Rs.4,19,250/- with 6%
interest per annum from the date of petition till
realization as against Rs.2,67,070/- awarded by the
Tribunal.
(c) The Insurance Company shall deposit the
compensation amount with accrued interest before
the Tribunal within six weeks from the date of
receipt of certified copy of this judgment.
(d) Draw modified award accordingly.
Sd/-
JUDGE
SH
