Karnataka High Court
Shahid Afridi vs Syed Farooq Ulla on 20 February, 2024
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NC: 2024:KHC:7080
MFA No. 3635 of 2016
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. 3635 OF 2016 (MV-I)
BETWEEN:
SHAHID AFRIDI ,
S/O HUMAYUN SAB @ IMAYASA,
AGED ABOUT 15 YEARS, MINOR, STUDENT,
REPRESENTED BY NATURAL GUARDIAN
HIS MOTHER SHABINA BANU,
W/O HUMAYUN SAB @ IMAYASA,
RESIDING AT BARAGERAMMA TEMPLE,
CHITRADURGA - 577 501.
...APPELLANT
(BY SRI. JAGAN MOHAN M.T, ADVOCATE)
AND:
1. SYED FAROOQ ULLA,
S/O SYED ZABINULLADIN,
AGED ABOUT 45 YEARS,
Digitally
OWNER OF MOTOR CYCLE,
signed by BEARING REG.NO.KA-16/S-9902,
BHARATHI S
Location: R/A KURUBARAHALLI VILLAGE,
HIGH COURT
OF CHITRADURGA TALUK AND DISTRICT - 577 501.
KARNATAKA
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE, MMK COMPLEX,
AKKAMAHADEVI ROAD, P.J. EXTENSION,
DAVANAGERE - 577 001.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 8.9.2014 PASSED IN MVC
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NC: 2024:KHC:7080
MFA No. 3635 of 2016
NO.200/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE, ADDITIONAL MACT-5, CHITRADURGA, 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 claimants challenging the
judgment and award dated 08.09.2014 passed in
MVC.No.200/2013 on the file of the II Additional Senior Civil
Judge and Additional MACT-V, Chitradurga1, seeking for
enhancement of the compensation awarded.
2. For the sake of convenience, the parties herein are
referred as per their ranking before the Tribunal.
3. The Tribunal by its judgment and award dated
08.09.2014 has awarded sum of `30,000/- together with
interest at 6% per annum. The finding of the Tribunal on
negligence and the liability is not under challenge. Hence, the
only question that is required to be considered is, 'Whether the
quantum of compensation is required to be enhanced?'
4. The age of the claimant is 12 years as on the date
of the accident. He is stated to be a student. The injuries
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:7080
sustained are simple injuries. The Tribunal has awarded global
compensation of `30,000/-.
5. Upon a re-appreciation of the oral and documentary
evidence on record, it is forthcoming from the discharge card
(Ex.P.10) that the claimant was treated as an inpatient from
14.01.2013 to 22.01.2013 i.e., a period of 8 days. The CT scan
report (Ex.P.8) discloses that the claimant has sustained a head
injury. However, no fracture is noticed and only mild post
traumatic cerebral edema is noticed. The claimant was treated
conservatively as an inpatient at the District Hospital,
Chitradurga. The six photographs have produced as Ex.P.11
shows that the claimant has recovered from the injuries.
6. In view of the material available on record it is just
and proper that a global enhancement of `10,000/- be awarded
to the claimant in the present appeal.
7. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 08.09.2014 passed
in MVC.No.200/2013 on the file of the II Additional
Senior Civil Judge and Additional MACT-V,
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Chitradurga, is modified to the extent stated herein.
In all other respects, the judgment and award of
the Tribunal remain unaltered;
iii) The appellant/claimant is entitled to enhancement
of `10,000/- with interest at 6% per annum from
the date of petition till its realization in addition to
the compensation awarded by the Tribunal;
iv) Respondent No.2 - insurer is directed to deposit the
said compensation together with accrued interest
within a period of six weeks from the date of receipt
of a copy of this judgment;
v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
appellant/claimant;
vi) The Registry to draw the modified award
accordingly;
vii) No costs.
Sd/-
JUDGE
PNV
