Karnataka High Court
Master Preetham K C vs The General Manager on 6 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2024:KHC:19718-DB
MFA No. 6639 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 6639 OF 2022 (MV-I)
BETWEEN:
MASTER PREETHAM K C
S/O CHANDRAPPA K N
AGED ABOUT 13 YEARS
NO.07, LIG-2
ARALIMARADAPALYA EXTENSION
SIRA GATE, TUMKUR TOWN
SINCE THE APPELLANT IS MINOR
REP. BY HIS NATURAL GUARDIAN MOTHER
SMT. SARASWATHI H D
W/O LAKE K N CHANDRAPPA
AGED ABOUT 45 YEARS.
Digitally ...APPELLANT
signed by
SUMATHY (BY SRI. C. ANANTHARAMA - ADVOCATE)
KANNAN
Location: AND:
High Court
of Karnataka 1. THE GENERAL MANAGER
NEW INDIA ASSURANCE CO.LTD.,
REGIONAL OFFICE NO.9/2
2ND FLOOR, MAHALAKSHMI CHAMBERS
M.G.ROAD, BENGALURU-560001.
2. RAVIKUMAR BADAPPA GARI
S/O GAVI RANGAPPA
AGED MAJOR
NO.101, DINNAMEDHAPUR
MADAKASIRA MANDAL & POST
ANANTHPUR, ANDRA PRADESH 515301.
-2-
NC: 2024:KHC:19718-DB
MFA No. 6639 of 2022
3. SMT PAVITHRA
W/O RAMKRISHNAPPA
AGED ABOUT MAJOR
R/AT THIGALARAHALLI
CHIKKAMALURU GP
KODIGENAHALLI HOBLI
MADHUGIRI TALUK
TUMKUR -572175.
...RESPONDENTS
(BY SMT. SANMATHI E I - ADVOCATE FOR RESPONDENT NO.1;
VIDE COURT ORDER DATED 06.04.2023 NOTICE TO
RESPONDENTS NO. 2 & 3 DISPENSED WITH)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO SET ASIDE THE AWARD DATED 26.11.2021
PASSED IN MVC NO. 4243/2019 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MOTOR
ACCIDENT CLAIMS TRIBUNAL, BENGALURU AND ENHANCE THE
COMPENSATION TO 50,00,000/- (RUPEES FIFTY LAKH ONLY)
AS CLAIMED BY THE APPELLANT IN THE PETITION.
THIS MFA, COMING ON FOR HEARING, THIS DAY,
DR.CHILLAKUR SUMALATHA .J., DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Shri C. Anantharama, learned counsel for
the appellant as well as Shri E.I. Sanmathi who is
representing Respondent No.1 / Insurance Company.
2. Disputing the validity of the order that is rendered
by the Motor Accidents Claims Tribunal, Bengaluru, in MVC
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No.4243/2019 dated 26.11.2021, the present appeal is
preferred by the claimant.
3. The appellant who was aged about 10 years, met
with a road traffic accident on 21.12.2018 and sustained
grievous injuries, as per the material available on record.
The version of the appellant is that he sustained grievous
injuries due to the accident and he was administered with
extensive treatment. Despite taking such treatment and
undergoing surgery, he could not regain normality and
that he became permanently disabled due to the injuries
sustained.
4. Learned counsel Shri Anantharama C, making his
submissions with regard to the merits of the matter,
contends that the appellant underwent extensive medical
treatment by admission into hospital twice and he incurred
huge expenditure. Learned counsel states that due to the
injuries sustained, the appellant became permanently
disabled and the disability is 100% in nature in respect of
the whole body. Learned counsel further submits that
though the nature of injuries sustained and the treatment
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taken was established before the Tribunal, the Tribunal as
against the claim for Rs.50,00,000/-, awarded a sum of
Rs.15,77,160/- as compensation, which is too meager.
Learned counsel thereby seeks for enhancement of
compensation.
5. On the other hand, Shri E.I. Sanmathi, learned
counsel who is representing the Insurance Company
contends that the Tribunal awarded exorbitant amount as
compensation and all the aspects of the case were taken
into consideration and therefore, the award of the Tribunal
needs no interference. Learned counsel further submits
that the Tribunal has even awarded Rs.1,00,000/- towards
'future medical expenses'.
6. A perusal of the impugned order reveals that the
Tribunal has awarded a total sum of Rs.15,77,160/-, which
is under the following heads:
Sl.No. Head of Compensation Amount
1. Pain and Sufferings Rs. 1,00,000-00
2. Food and nourishment, Rs. 19,000-00
attendant charges
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3. Medical Expenses Rs. 8,50,760-00
4. Loss of future earning Rs.3,02,400-00
capacity
5. Loss of amenities Rs. 50,000-00
6. Loss of marriage prospects Rs. 1,00,000-00
7. Future medical expenses Rs. 1,00,000-00
8. Transportation charges Rs. 5,000-00
TOTAL Rs.15,77,160-00
7. It is not in dispute that the appellant took
treatment as in-patient from 21.12.2018 to 04.01.2019
and also from 21.01.2019 to 24.01.2019. Also, it is not in
dispute that the appellant sustained polytrauma with right
femur subtrochanteric fracture and right tibia fracture and
degloving injury with exposure of anterior left knee. It is
not in dispute also that the claimant underwent ORIF with
DCP right femur and ex-fix application right tibia,
debridement of degloved skin over left thigh and SSG &
VAC application and also debridement of perianal wound
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with primary suturing, debridement of right foot and right
leg and VAC application.
8. The observation of the Tribunal that the
percentage of disability in respect of the whole body can
be considered as 20%, needs no interference, as the
observation is well-founded. However, having considered
the fact that the appellant sustained grievous injuries due
to the accident, took extensive treatment and having
regard to the conclusion arrived by the Tribunal that the
appellant requires further treatment in future and that the
disability in respect of the whole body is 20%, this Court is
of the view that the amount awarded as compensation
under different heads, needs slight interference.
9. Having considered the nature of injuries sustained
and the treatment taken, this Court is of the view that a
sum of Rs.19,000/- awarded under the head 'food and
nourishment and attendant charges', Rs.50,000/- awarded
towards 'loss of amenities in life', Rs.5,000/- awarded
towards 'Transportation expenses', are too meager. Also,
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having considered the nature of injuries sustained, this
Court is of the view that the amount of pain and suffering
that the appellant would have suffered cannot be equated
in terms of money. Therefore, having considered the
observations thus made, we are of the considered view
that the amount awarded as compensation requires to be
enhanced globally, by a sum of Rs.2,50,000/-. Thus, for
the foregoing discussion, the appeal is disposed of with the
following:
ORDER
i) The amount awarded as compensation by the
Motor Accidents Claims Tribunal through orders in MVC
No.4243/2019 dated 26.11.2021 is enhanced by
Rs.2,50,000/-.
ii) The enhanced amount shall carry interest at the
rate of 6% per annum from the date of petition till the
date of deposit.
iii) Respondent No.1 is directed to deposit the
enhanced sum within a period of six weeks from the date
of receipt of a copy of this order.
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iv) On such deposit, a sum of Rs.2,00,000/- shall be
kept in a Fixed Deposit in any Nationalized Bank in the
name of the appellant, till he attains the age of majority.
On attaining the age of majority, he is entitled to withdraw
the said sum along with the accrued interest.
v) The remaining amount of Rs.50,000/- be
disbursed to the guardian of the appellant, in the light of
the submission of the learned counsel for the appellant
that the said amount is required towards the appellant's
future medical expenses.
Sd/-
JUDGE
Sd/-
JUDGE
KS
