Karnataka High Court
Sri. Hemangowda vs Sri. Manjegowda on 7 March, 2024
-1-
NC: 2024:KHC:9610
MFA No. 5117 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.5117 OF 2017(MV-I)
BETWEEN:
SRI. HEMANGOWDA,
S/O JAGADEESH C.K.,
AGED ABOUT 6 YEARS,
RESIDENT OF CHOWLAGALA VILLAGE,
DANDIGANAHALLI HOBLI,
CHANNARAYAPATNA TALUK -573 116.
HASSAN DISTRICT.
PETITIONER BEING MINOR
REP. BY HIS FATHER JAGADEESH C.K.
S/O LATE KALEGOWDA
AGED ABOUT 37 YEARS.
...APPELLANT
(BY SRI. CHETHAN. B, ADVOCATE)
Digitally AND:
signed by
SUVARNA T 1. SRI. MANJEGOWDA,
Location: S/O MANJEGOWDA,
HIGH MAJOR,
COURT OF
RESIDENT OF KUNDUR VILLAGE,
KARNATAKA
DANDIGANAHALLI HOBLI,
CHANNARAYAPATNA TALUK - 573 116,
HASSAN DISTRICT.
2. THE MANAGER,
BHARATHI AXA GENERAL INSURANCE CO. LTD.,
OFFICE AT TEMPLE ROAD,
KALIDASA CIRCLE,
V.V.MOHALLA, #2951/AD29/1,
-2-
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MFA No. 5117 of 2017
1ST FLOOR,
MYSORE - 570 002.
...RESPONDENTS
(V/O DATED 23.08.2022 NOTICE TO R1 IS DISPENSED WITH;
BY SRI. B. PRADEEP, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF INDIAN MOTOR
VEHICLE ACT AGAINST THE JUDGMENT AND AWARD DATED
10.02.2017 PASSED IN MVC NO.1098/2015 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND J.M.F.C., CHANNARAYAPATNA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the
Award passed in M.V.C.No.1098/2014, on the file of the
Additional district Judge and Additional MACT at
Kundapura, Udupi District, dated 21.06.2017, whereby the
claimant is before this Court seeking enhancement of the
compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.8,00,000/-, for the
injuries sustained by the claimant in the accident. The
claimant is a boy, who is aged about 4 years. It is their
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case that on 25.02.2015, at about 6.00 pm., when he was
going from his land towards his house, the driver of the
auto rickshaw has driven the said vehicle in a rash and
negligent manner and dashed the claimant, by which he
sustained grievous injuries to his left leg and tibia and
fibula bones are fractured. As per the evidence of the
doctor, he has sustained disability of 28% to the limb and
9.33% to the whole body. Then the Court below, by
applying the ratio in the Master Mallikarjun vs.
Divisional Manager, the National Insurance
Company Limited & Anr. case had granted the
compensation as per the tale given below:
Sl. Heads Amount
No.
1. Medical Expenses : Rs. 28,577/-
2. Pain and suffering already : Rs. 1,00,000/-
undergone and to be suffered in
future and mental and physical
shock, hardship, inconvenience
and developments etc., and loss
of amenities in life and kind of
permanent disability
2013(1) TAC Page 1 (SC)
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3. Discomfort, inconvenience and : Rs. 25,000/-
loss of earnings to the parents
during the period of
hospitalisation
4. Future Medical Expenses : Rs. 35,000/-
Total Rs. 1,88,577/-
3. Learned counsel for the claimant submits that
the boy is four years old and he had sustained permanent
disability, the compensation i.e., awarded by the Court
below was not a reasonable compensation. He submits
that he was in hospital for 20 days. The said aspect was
not considered by the Court. He further submits that under
the head of pain and sufferings, the compensation that is
awarded is not just and reasonable.
4. Learned counsel appearing for the insurance
company submits that the Court below has rightly applied
the law laid down in Master Mallikarjun vs. Divisional
Manager, the National Insurance Company Limited &
Anr. stated supra and granted the compensation. It is
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submitted that no grounds are made out for enhancement
of compensation.
5. Having heard the learned counsel on either
side, perused the material placed on record. The boy is
four years old and the disability that is sustained to the
whole body is 9.33%. The Court below at para No.22 of
the order has extracted the judgment of Hon'ble Apex
Court in Master Mallikarjun vs. Divisional Manager, the
National Insurance Company Limited & Anr. stated supra
held that in case of disability is above 10%, the
compensation shall be Rs.1,00,000/- and upto 30% of the
whole body, the compensation shall be Rs.3,00,000/-. In
this case the disability is 9.33%. The Court below under
the head of pain and suffering has rightly granted an
amount of Rs.1,00,000/-, even under the other heads also
the compensation that was granted by the Court below is
reasonable in the light of the law laid down by the Hon'ble
Apex Court. In this case, the claimant had been in the
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hospital for 20 days. Hence, this Court is granting an
amount of Rs.20,000/-.
6. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, 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
Awarded
1. Medical expenses Rs. 28,577/-
2. Pain and suffering already : Rs. 1,00,000/-
undergone and to be suffered
in future and mental and
physical shock, hardship,
inconvenience and
developments etc., and loss of
amenities in life and kind of
permanent disability
3. Discomfort, inconvenience and : Rs. 25,000/-
loss of earnings to the parents
during the period of
hospitalisation
(2014) 11 SCC 178
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4. Future medical expenses : Rs. 35,000/-
5. Conveyance, nourishment and : Rs. 20,000/-
attendant charges
6. Legal expenses : Rs. 10,000/-
Total : Rs. 2,18,577/-
8. Accordingly, the appeal is allowed-in-part,
enhancing the compensation from Rs.1,88,577/- to
Rs.2,18,577/-.
i) The enhanced amount shall carry interest
at 6% p.a. 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.
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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.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
BN
