Hemanth Reddy vs C V Ramakrishna Reddy
2024 Latest Caselaw 5074 Kant

Karnataka High Court

Hemanth Reddy vs C V Ramakrishna Reddy on 20 February, 2024

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                                                          NC: 2024:KHC:7221
                                                    MFA No. 3291 of 2014




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                        BEFORE
                        THE HON'BLE MR JUSTICE C.M. POONACHA
                  MISCELLANEOUS FIRST APPEAL NO. 3291 OF 2014 (MV-I)
             BETWEEN:

             1.    HEMANTH REDDY
                   S/O AMARNATH REDDY @ AMARNATH V
                   AGED ABOUT 8 YEARS
                   MINOR HE IS REPRESENTED
                   BY HIS MOTHER AND NATURAL GUARDIAN
                   SMT LATHA S
                   R/A #137/42, 3RD CROSS
                   TRIVENT ROAD, YESHWANTHPUR,
                    BANGALORE-560022
                                                                ...APPELLANT
             (BY SRI. K V SHYAMAPRASADA., ADVOCATE)

             AND:

             1.    C V RAMAKRISHNA REDDY
                   S/O MUNIVENKATA REDDY
                   AGED ABOUT 49 YEARS
Digitally          R/O BAIREDDIPALLI VILLAGE AND MANDAL
signed by          PALAMNER TALUK
BHARATHI S
Location:
                   CHITOOR DISTRICT
HIGH COURT         ANDHRA PRADESH-571408
OF
KARNATAKA
             2.    M/S UNITED INDIA INSURANCE CO LTD
                   MOTOR THIRD PARTY CLAIMS HUB, VI FLOOR
                   KRISHI BHAVAN, HUDSON CIRCLE
                   BANGALORE-560002
                   REPRESENTED BY ITS MANAGER
                                                             ...RESPONDENTS
             (BY SRI. K SURESH.,ADVOCATE FOR R2
             NOTICE TO R1 IS DISPENSED WITH)

                  THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 06.02.2014      PASSED IN MVC
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                                                              NC: 2024:KHC:7221
                                                           MFA No. 3291 of 2014




NO.3528/2012 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE AND MEMBER MACT, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                                                JUDGMENT

The above appeal is filed by the claimant challenging

the judgment and award dated 06.02.2014 passed in MVC

No.3528/2012 by the XXII Additional Small Causes Judge

and Member MACT., Bengaluru1 seeking enhancement of the

compensation awarded.

2. For the sake of convenience, the parties herein

are referred as per their rank before the Tribunal.

3. The Tribunal has awarded a total compensation of

`10,000/- together with interest @ 6% per annum. The

finding of the Tribunal on negligence and liability is not under

challenge. Hence, the only question is required to be

decided in the present appeal is 'whether the quantum of

compensation awarded by the Tribunal is required to be

enhanced?'

Hereinafter referred to as the 'Tribunal'

NC: 2024:KHC:7221

4. It is forthcoming that the claimant is aged 6 years

and was a kindergarten student as on the date of the

accident. The mother of the claimant was examined as PW.4

and the technician of the Hospital was examined as PW.5

and he has produced the case file, X-ray film and other

medical documents. The Doctor has not been examined. The

claimant sustained fracture of right radious and ulna. The

claimant was treated as an inpatient from 01.03.2012 to

03.03.2012 and the fracture was surgically treated. The

claimants have not produced any documents to show the

expenditure incurred. The Tribunal has awarded a sum of

`5,000/- towards pain and suffering and `5,000/- towards

medical expenditure, attendant charges, conveyance and

nourished food.

5. Having regard to the nature of injuries which

demonstrates that the claimant has suffered fracture of

ulna and the fact that the said fracture has been surgically

treated, it is just and proper that further compensation of

`15,000/- be awarded as lumpsum amount towards the

NC: 2024:KHC:7221

claim of the claimant made in the present appeal together

with interest at 6% per annum.

6. In view of the aforementioned, I pass the

following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 06.02.2014 passed in MVC No.3528/2012 by the XXII Additional Small Causes Judge and Member MACT., Bengaluru, is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The appellant/claimant is entitled to an enhancement of `15,000/- together with interest at 6% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

iv) The enhanced compensation together with accrued interest is liable to be deposited by the Respondent No2 within six weeks from the date of receipt of a copy of this order.

NC: 2024:KHC:7221

v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant.

vi) The Registry to draw the modified award accordingly.

No costs.

Sd/-

JUDGE

BS