Karnataka High Court
Mr. Naveen Kumar G. R vs The Manager on 3 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:13615
MFA No. 7892 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.7892 OF 2014 (MV)
BETWEEN:
MR. NAVEEN KUMAR.G.R.
@ NAVEEN
S/O RANGARAJU,
AGED ABOUT 19 YEARS,
R/AT GODHIHALLI VILLAGE,
BUKKAPATNA POST,
C.N.DURGA HOBLI,
KORATAGERE TALUK,
TUMKUR DISTRICT-562 009.
...APPELLANT
(BY SMT. SREE VIDHYA., AND
SRI. T.N.VISWANATHA., ADVOCATES)
AND:
1. THE MANAGER,
Digitally signed by M/S. THE NEW INDIA ASSURANCE
THEJASKUMAR N COMPANY LIMITED,
Location: HIGH
COURT OF NO.9/2, MAHALAKSHMI CHAMBERS,
KARNATAKA M.G.ROAD, BANGALORE-560 001.
2. SHRI. ABDUL RASHEED,
S/O SALEHA SHARIFF,
MAJOR,
R/AT KUMBAR STREET,
KORATEGERE TOWN,
TUMKUR DISTRICT-562 091.
...RESPONDENTS
(BY SRI. C.R.RAVISHANKAR., ADVOCATE FOR R1;
R2-SERVED AND UNREPRESENTED)
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NC: 2024:KHC:13615
MFA No. 7892 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:24.10.2013
PASSED IN MVC NO.2209/2011 ON THE FILE OF THE XII
ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT,
BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Shreevidhya., learned counsel on behalf of
Sri.T.N.Viswanatha., for the appellant and Sri.C.R.Ravishankar.,
learned counsel for respondent No.1 have appeared in person.
Emergent notice to the respondents was ordered on
31.01.2015. A perusal of the office note depicts that
respondent No.2 is served and unrepresented. He has neither
engaged the services of an advocate nor conducted the case as
a party in person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
NC: 2024:KHC:13615
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and the records with utmost care.
5. The point that requires consideration is whether the
claimant is entitled for enhanced compensation.
6. The claimant's appeal is one for enhancement of
compensation and modification of the Judgment. The grounds
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads.
It is not in dispute that the claimant was a minor aged 16
years as on the date of accident. The disability of the claimant
was assessed at 24% to the whole body. The Hon'ble Apex
Court in MASTER MALLIKARJUN VS. DIVISIONAL
MANAGER, NATIONAL INSURANCE COMPANY LIMITED
AND ANOTHER reported in 2014 (14) SCC 396, has held
that if the disability is upto 30%, then compensation of
Rs.3,00,000/- (Rupees Three Lakh only) must be awarded.
Therefore, compensation of Rs.3,00,000/- (Rupees Three Lakh
only) is awarded.
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The compensation of Rs.24,920/- (Rupees Twenty Four
Thousand Nine Hundred and Twenty only) towards Medical
expenses remains intact.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Loss of future income
Due to disability; Loss
Of amenities in life,
Happiness and
frustration;
Conveyance,
3,00,000 Rs.3,00,000/-
Attendant charges, food
and nourishment; Pain
and sufferings; Loss of
marriage prospectus;
Loss of academic
carrier.
2. Medical Expenses 24,920 Rs.24,920/-
Total Rs.3,24,920/-
Less: Compensation awarded by the -Rs.2,04,720/-
Tribunal
Enhanced compensation Rs.1,20,200/-
8. Hence, the following:
NC: 2024:KHC:13615
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:24.10.2013
passed by the MACT, Bangalore in M.V.C
No.2209/2011 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.1,20,200/- (Rupees One Lakh
Twenty Thousand Two Hundred only) with interest
at the rate of 6% per annum from the date of the
claim petition till the date of realization.
3. The first respondent - Insurance
Company is directed to deposit the enhanced
compensation amount along with 6% interest
within a period of two months from the date of
receipt of the certified copy of this Judgment.
4. Needless to observe that the claimant is
not entitled for the interest for delayed period.
5. The Registry to draw the modified award
accordingly.
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6. The office is directed to transmit the
records to the Tribunal forthwith.
Sd/-
JUDGE
MRP
