Karnataka High Court
Minor T Nandeesh S/O T. ... vs Parashurama S/O Nagappa on 18 April, 2024
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NC: 2024:KHC-D:6494
MFA No. 101857 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101857 OF 2022 (MV-I)
BETWEEN:
T. NANDEESH S/O. T. GADILINGANAGOUDA,
AGE: 19 YEARS, OCC: STUDENT,
R/O. HIRE HADLIGI VILLAGE,
BALLARI TALUK AND DIST,
PRESENTLY RESIDING AT 5TH WARD,
OPP. ANGANAWADI KENDRA,
KAKARLATHOTA, BALLARI-583101.
...APPELLANT
(BY SRI. MANJUNATH JADAI, ADVOCATE)
AND:
1. PARASHURAMA S/O. NAGAPPA,
AGE: 42 YEARS, DRIVER OF THE KSRTC
BUS BEARING NO. KA-34/F-1267,
R/O. 1ST DEPOT, BALLARI-583101.
2. THE DIVISIONAL CONTROLLER,
NEKSRTC, BALLARI DIVISION,
Digitally signed
by JAGADISH T R BALLARI DISTRICT-583101.
Location: HIGH
COURT OF
KARNATAKA ...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DT: 08.09.2021 PASSED IN MVC NO.295/2020 ON THE
FILE OF THE HONOURABLE I ADDL. DISTRICT AND SESSIONS JUDGE
AND MEMBER MACT-II, BALLARI AND ENHANCE THE COMPENSATION
BY ALLOWING THE APPEAL TO MEET THE 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:6494
MFA No. 101857 of 2022
JUDGMENT
This appeal is filed by the appellant/injured seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 08.09.2021 passed in
MVC.No.295/2020 by the Motor Accident Claims Tribunal-
II, Ballari (for short, 'Tribunal').
2. Heard Sri.Manjunath Jadai, learned counsel
appearing for the appellant/claimant and Sri.S.C.Bhuti,
learned counsel appearing for the respondent
No.2/Corporation.
3. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in assessing the disability of the
appellant. He submits that PW2 in his evidence has clearly
deposed that the appellant has sustained disability to an
extent of 15% and issued the Disability Certificate, hence,
learned counsel seeks to reassess the same and award the
compensation as per the law laid down by the Hon'ble
NC: 2024:KHC-D:6494
Apex Court in the case of Master Mallikarjun Vs.
Divisional Manager, National Insurance Company Limited
& Another1. Thus, he seeks to allow the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company vehemently opposed
the appeal and submits that the Tribunal taking note of
the injuries suffered by the appellant and keeping in mind
his age, awarded just and fair compensation, which does
not call for any modification. Thus, he seeks to dismiss the
appeal.
5. I have heard the arguments of the learned
counsel appearing for the appellant/claimant and learned
counsel appearing for the respondent No.2/Insurance
Company. Meticulously perused the Tribunal records.
6. It is not in dispute that the appellant met with
an accident on 01.02.2020 and it is also not in dispute that
the appellant was 17 years at the time of the accident and
2014(14) SCC 396
NC: 2024:KHC-D:6494
sustained injuries i.e. degloving injury over dorsum of
right foot on lateral side of size 15 x 7 cm, fracture of tibia
tobersity and fracture of head of 4th and 5th metatarsal.
Taking note of the aforesaid injuries/fractures, oral
testimony of PW2, Wound Certificate and Disability
Certificate on record, this Court is of the considered view
that, it would be just and proper to assess the disability of
the appellant at 11% for the purpose of determination of
compensation.
7. This Court taking note of the disability assessed
supra and keeping in mind the enunciation of law laid
down in the case of Master Mallikarjun supra, is of the
considered view that, it would just and appropriate to
reassesses the compensation. Hence, the appellant is
entitled to Rs.3,00,000/- under the head of pain and
suffering, loss of earning capacity and loss of amenities and
Rs.41,250/- (i.e.,Rs.13,750 X 3) under the head of loss
of income of the parents during laid-up-period. Insofar as
the award of compensation by the Tribunal under the head
NC: 2024:KHC-D:6494
of medical expenses is concerned, the same is unaltered.
Thus, in all, the appellant/claimant would be entitled to
total compensation of Rs.3,66,550/- (i.e.Rs.3,00,000 +
Rs.41,250 + Rs.25,300).
8. For the foregoing reasons, I pass the following:
ORDER
a) The 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.3,66,550/- as
against Rs.1,90,300/- awarded by the
Tribunal.
c) The entire compensation amount shall
carry interest at the rate of 6% per
annum from the date of petition till
realization.
d) The respondent No.2/Insurance Company
shall deposit the enhanced compensation
amount along with accrued interest before
the Tribunal within a period of six weeks
NC: 2024:KHC-D:6494
from the date of receipt of certified copy
of this judgment.
e) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Draw award accordingly.
Sd/-
JUDGE
RH
Ct-an
