Karnataka High Court
S Preetham vs Ravi on 29 February, 2024
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NC: 2024:KHC:8486
MFA No. 6153 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 6153 OF 2018
(MV-I)
BETWEEN:
S PREETHAM
S/O SHIVANNA M
AGED ABOUT 10 YEARS
MINOR REPRESENTED BY NATURAL AND HIS
NATURAL GUARDIAN AND FATHER SHIVANNA M
AGED ABOUT 46 YEARS
R/AT BEHIND SLN CHOWLTRY
HANUMANTHAPURA, TUMAKURU CITY
PIN - 572101
...APPELLANT
(BY SRI. SHANTHARAJ K.,ADVOCATE)
AND:
Digitally
signed by 1. RAVI
SUVARNA T S/O NARASIMHAIAH
Location: AGED ABOUT 33 YEARS
HIGH R/AT DEVARAYANAPATTANA,
COURT OF TUMAKURU - 572103
KARNATAKA
2. CHOLAMANDALAM
M.S GENERAL INSURANCE COMPANY LIMITED
BY ITS MANAGER
REGISTERED AND HEAD OFFICE,
DARE HOUSE , 2ND FLOOR,
NO 2, M S C BOSE ROAD,
CHENNAI - 600001
...RESPONDENTS
(BY SRI.B. PRADEEP.,ADVOCATE FOR R2;
V/O DTD 23.06.2022 NOTICE TO R1 IS D/W)
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MFA No. 6153 of 2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED22.12.2017 PASSED IN MVC
NO.925/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR
CIVIL JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award, passed in MVC No.925/2015
dated 22.12.2017, by the MACT, Tumkur, the claimant is
before this court seeking enhancement of the
compensation.
2. It is the case of the claimant that on 19.12.2015
at 7.35 p.m. the claimant was proceeding on a motorcycle,
the driver of the luggage auto which was coming in a
opposite direction drove it in a high speed and negligent
manner and dashed against the motor cycle. As a result,
the rider of the motorcycle as well as the petitioners who
were traveling have sustained multiple grievous injuries.
Immediately after the accident, they were shifted to the
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Hospital. The claimant is seven years old at the time of
the accident and he was studying in first standard.
Because of the injuries sustained, he suffered from mental
shock and agony and as per the disability certificate (Ex.P-
21) the doctor has assessed disability of the claimant at
75%. During the pendency of this appeal, the claimant
was again sent to the NIMHAN's Medical Board and as per
the report given by NIMHAN's he is suffering from 75%
disability as per the PWD Act. The court below has
granted the compensation as per the table given below:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 75,000/-
2. Attendant charges : Rs. 3,750/-
3. Food and Nourishment : Rs. 3,750/-
4. Conveyance : Rs. 5,000/-
5. Medical Expenses : Rs. 2,99,366/-
6. Loss of Future Income : Rs. 3,00,000/-
7. Loss of Happiness : Rs. 1,00,000/-
8. Loss of Encashment of EL : Rs. 20,836/-
TOTAL : Rs. 8,17,702/-
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3. Learned counsel for the appellant submits that the
court below failed to consider fact that the boy was seven
years old and he had suffered 75% disability and it would
have an impact on his future life and the compensation
that was awarded by the tribunal is not a reasonable
compensation. Learned counsel had relied the judgment
passed by the Hon'ble Apex Court in the case of Kajal -
Vs- Jagdish Chand & others1 and also another
judgment of Hon'ble Apex Court in the case of Master
Ayush -Vs- Branch Manager, Reliance Insurance Co.
Ltd., & another2 submits that the Hon'ble Apex Court has
considered the income as per the minimum wages of
skilled labour and further under the head of marriage
prospects and attendant charges, pain and suffering, the
considerable amounts were granted by the tribunal and he
submits that the considering Master Ayush Case and
Kajal Case, the compensation has to be enhanced.
2020 (4) SCC 413
2022 (7) SCC 738
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4. Learned counsel appearing for the respondent
submits that the both the cases cited by the petitioner do
not apply to the facts of the case and those cases are of
100% disability and the case of paraplegia. He submits
that the court had awarded an amount of Rs.3,00,000/-
towards loss of future career, as there is no loss of future
career in this case he is not entitled for any amount. Even
under the other heads also the court below has granted
substantial amounts. He submits that in the case of
Kishan Gopal -Vs- Lala & others3 the Hon'ble Apex
Court has taken notional income at Rs.30,000/- in case of
a minor. In this case, the same amount of Rs.30,000/-
has to be taken as notional income.
5. Having heard the learned counsel on either side,
perused the entire material on record. In this case, the
claimant is a boy aged seven years old as on the date of
the accident. There is no dispute about the fact that he
suffered 75% disability in the light of the latest certificate
2014 (1) SCC 244
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given by the NIMHAN'S. Now he is studying in 9th
standard. Considering the disability of 75% , It will have
lot of impact on the boy's future. According to the learned
counsel for the Insurance Company, Kishan Gopal case
has to be considered. The judgment's in Master Ayush
case and Kajal Case are the latest judgments wherein
the Hon'ble Apex Court has held that the notional income
of the skilled labour has to be taken into consideration. As
this accident has taken place in the year 2015, this court
is taking income at Rs.9,000/- as per the chart prepared
by the Karnataka State Legal Services Authority. 40%
future prospects would come to Rs.3,600/- i.e., Rs.12,600
(Rs.9000 + Rs.3,600). Under the head of loss of future
income, this court is granting an amount of
Rs.20,41,200/- i.e., (Rs.12,600/- x 12 x 18 x 75/100).
Under the head of medical expenses, the court below
basing on the evidence granted the compensation of an
amount of Rs.2,99,366/- and no interference is called.
Then coming to the pain and suffering, the court below
had awarded an amount of Rs.75,000/-. Considering the
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injuries and disability, this court is granting an amount of
Rs.1,50,000/-. Then towards food and nourishment,
the claimant was in hospital for 15 days an amount of
Rs.15,000/- is awarded. Under the head of attendant
charges, it is submitted by the learned counsel for the
petitioner that he requires a constant attendant which is
disputed by the learned counsel for the respondent, when
he has come to the court, he is able to manage on his
own. Considering the submissions on either side, this
court is granting an amount of Rs.50,000/- under the
head of attendant charges. Then coming to the loss of
amenities, considering the disability of 75% this court is
granting an amount of Rs.3,00,000/-. Towards loss of
marriage prospects, this Court is granting an amount of
Rs.3,00,000/-. Then coming to loss of income during
the laid up period, as father has availed the leave, the
court below had already granted an amount of
Rs.20,836/- and no interference is called. Then coming
to the compensation granted under the head of loss of
future career, as rightly pointed out by the learned counsel
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for the respondent-insurance company, as there is no loss
of future career, the claimant is not entitled under the
head of loss of future career.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER4, the claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Pain and Sufferings : Rs. 75,000/- 1,50,000/-
2. Attendant charges : Rs. 3,750/- 50,000/-
Food and
3. : Rs. 3,750/- 15,000/-
Nourishment
4. Conveyance : Rs. 5,000/- 00/-
5. Medical Expenses : Rs. 2,99,366/- 2,99,366/-
Loss of Marriage :
6. Rs. 00 3,00,000/-
Prospectus
7. Loss of Future Income : Rs. 3,00,000/- 20,41,200/-
(2014) 11 SCC 178
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8. Loss of Happiness : Rs. 1,00,000/- 3,00,000/-
Loss of income during :
9. Rs. 20,836/- 20,836/-
the laid up period
10. Legal expenses : Rs. 00 10,000/-
TOTAL : Rs. 8,17,702/- 31,86,402/-
Enhancement : Rs. 23,68,700/-
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.8,17,702/-
to Rs.31,86,402/-.
i) The enhanced amount shall carry interest at
6% per annum from the date of petition till the
date of realization.
ii) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
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Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
TS
