Karnataka High Court
Master Shashank vs Ramakrishnappa on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25843
MFA No. 1725 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 1725 OF 2020 (MV-I)
BETWEEN:
MASTER SHASHANK,
S/O RAMESH,
AGED ABOUT 8 YEARS,
SINCE MAJOR
REPTD. BY HIS MOTHER AND
NATURAL GUARDIAN
BHARATHI, AGED ABOUT 31 YEARS,
W/O RAMESH,
R/AT P.C. EXTENSION,
KOLAR DISTRICT - 563 101.
...APPELLANT
(BY SMT.AKSHYA K., ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
1. RAMAKRISHNAPPA,
Digitally signed by B
K S/O RAMAPPA,
MAHENDRAKUMAR R/AT NO.378,
Location: High
Court of Karnataka MASTHI BADAVANI,
KOLAR DISTRICT - 563 101.
2. LIBERTY VIDEOCON GENERAL
INSURANCE CO. LTD.,
OFFICE NO.1, ALYSSA,
1ST FLOOR, REAR PORTION,
OLD NO.28, NEW NO.23,
RICHMOND ROAD,
BENGALURU - 560 027.
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI.RAVI S. SAMPRATHI, ADVOCATE FOR R2)
-2-
NC: 2024:KHC:25843
MFA No. 1725 of 2020
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 04.10.2019 PASSED IN MVC
NO.19/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
CJM, MACT, KOLAR, 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
This appeal arises out of the judgment and award dated
04.10.2019 passed by the learned Prl. Senior Civil Judge and
MACT, Kolar, in MVC No. 19/2018 under Section 173(1) of the
Motor Vehicles Act, 1988.
2. The claimant filed a claim petition under Section 166 of
the MV Act seeking just and proper compensation for injuries
sustained in a road traffic accident on 19.08.2017. As of the date of
the accident, the claimant was 7 years old. The Tribunal awarded
global compensation of Rs.1,00,000/-. Being dissatisfied, the
claimant has appealed for enhancement.
3. Heard the learned counsels for the parties and perused
the records.
4. The claimant was 7 years old on the date of the
accident and sustained the following injuries:
a. Lacerated wound over the occipital region.
b. Head injury with right parietal contusion.
NC: 2024:KHC:25843
5. The doctors opined that the first injury is simple in
nature, while the second injury is grievous. The Tribunal awarded
global compensation of Rs.1,00,000/-.
6. Given the nature of the injuries sustained, it would be
appropriate to award an additional sum of Rs.50,000/-, bringing the
total compensation to Rs.1,50,000/- as opposed to the
Rs.1,00,000/- awarded by the Tribunal.
7. The enhanced compensation of Rs.50,000/- shall carry
interest at the rate of 6% per annum from the date of the petition
until realization.
To this extent, the appeal stands modified and is allowed in
part.
Sd/-
JUDGE
RKA
