Karnataka High Court
Baby Manasa vs Sri Lakshmana Gowda B N on 6 August, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:31088
MFA No. 4292 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4292 OF 2020 (MV)
BETWEEN:
BABY MANASA
D/O RAVI KUMAR
AGED ABOUT 4 YEARS
SINCE MINOR REPRESENTED BY HIS
NATURAL GUARDIAN FATHER
SRI.RAVI KUMAR
S/O KRISHNAPPA
AGED ABOUT 40 YEARS
R/O BENAVARA VILLAGE
VALLAGEREPURA POST
AMURTHUR HOBLI
KUNGIAL TALUK-572130.
...APPELLANT
(BY SRI. H D SOMESHA, ADVOCATE FOR
SRI. RAJARAMA S, ADVOCATE)
AND:
Digitally signed by
1. SRI LAKSHMANA GOWDA B.N
HEMALATHA A S/O LATE NAMADASE GOWDA
Location: HIGH AGED ABOUT MAJOR
COURT OF
KARNATAKA R/O BEGARU VILLAGE AND POST
KASABA HOBLI, KUNIGAL TALUK
TUMAKURU DISTRICT-572130.
2. UNITED INDIA INSURANCE COMPANY LTD.,
D.O.6TH FLOOR, KRUSHI BHAVAN
NRUPATHUNGA RAOD, HUDSON CIRCLE
BENGALURU-560001.
...RESPONDENTS
(BY SMT. MANJULA N TEJASWI .,ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED:17.04.2023)
-2-
NC: 2024:KHC:31088
MFA No. 4292 of 2020
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 30.07.2019
PASSED IN MVC NO. 7221/2017 ON THE FILE OF THE
MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, M.A.C.T., BENGALURU CITY, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant challenging by the judgment dated
30.07.2019 passed by MACT, Bengaluru in MVC
No.7221/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 24.06.2016 when the claimant (4 years)
was walking along with her uncle on footpath of
Madikehalli-Kothagere road in front of Mariyappa shop, at
that time, motorcycle bearing registration No.KA-06-ER-
4020 being ridden by its rider at a high speed and in a
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rash and negligent manner, dashed to the claimant. As a
result of the aforesaid accident, the claimant sustained
grievous injuries and was hospitalized.
3. The claimant, being minor represented by mother,
filed a petition under Section 166 of the Act, seeking
compensation. It was pleaded that he spent significant
amount towards medical expenses, conveyance charges
and other related costs. It was further pleaded that the
accident occurred solely on account of rash and negligent
driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
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the evidence. The claimant, in order to prove the case,
examined himself as PW-1 and another witness as PW-2
and got exhibited documents namely Ex.P1 to Ex.P16. On
behalf of the respondents, two witnesses were examined
as RWs-1 and 2 and got exhibited documents namely
Ex.R1 to Ex.R3. The Claims Tribunal, by the impugned
judgment, inter alia, held that the accident took place on
account of rash and negligent driving of the offending
vehicle by its driver, as a result of which, the claimant
sustained injuries. The Tribunal further held that the
claimant is entitled to a compensation of Rs.100,000/-
along with interest at the rate of 7% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest. Being aggrieved, the present appeal
has been filed.
6. The learned counsel for the claimant has submitted
that as per wound certificate, the claimant has sustained
left shaft of femur. She was treated as inpatient for a
period of 20 days. The claimant has produced medical bills
NC: 2024:KHC:31088
at Ex.P-11 amounting to Rs.23,836/-. She has suffered
lot of pain during treatment. Considering the same, the
total compensation awarded by the Tribunal is on the
lower side. Hence, he sought for allowing the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has contended that the claimant has
not examined the doctor regarding disability and injuries
suffered. Considering the evidence of the claimant and
injuries mentioned in the wound certificate and
considering the medical bills, the Tribunal has granted just
and reasonable compensation and it does not call for
interference. Hence, she sought for dismissal of the
appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 24.06.2016
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due to rash and negligent riding of the offending vehicle
by its rider.
10. As per wound certificate, the claimant has sustained
left shaft of femur. She was treated as inpatient for a
period of 20 days. The claimant has produced medical bills
at Ex.P-11 amounting to Rs.23,836/-. She has not
examined the doctor regarding disability suffered.
Considering the evidence of the claimant and injuries
mentioned in the wound certificate and considering the
medical bills, I am inclined to enhance the total
compensation awarded by the Tribunal from Rs.100,000/-
to Rs.140,000/-.
11. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
NC: 2024:KHC:31088
c) The claimant is entitled to a total compensation of
Rs.140,000/- as against Rs.100,000/- awarded by
the Tribunal.
d) Following the judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
enhanced compensation shall carry interest at 6%
per annum.
e) The Insurance Company is directed to deposit the
compensation amount along with interest
from the date of filing of the claim petition till the
date of realization, within a period of six weeks from
the date of receipt of copy of this judgment.
f) In view of the order dated 17.04.2023 passed by this
Court, the claimant is not entitled to interest on the
enhanced compensation for the delayed period of
1136 days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
DM
