Musthaff @ Mohammed Sahad vs Prasanna K
2024 Latest Caselaw 26106 Kant

Karnataka High Court

Musthaff @ Mohammed Sahad vs Prasanna K on 4 November, 2024

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                                                             NC: 2024:KHC:44101
                                                         MFA No. 1394 of 2022




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                              BEFORE
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                    MISCELLANEOUS FIRST APPEAL NO.1394 OF 2022(MV-I)
                    BETWEEN:

                    MUSTHAFF @ MOHAMMED SAHAD
                    S/O. SALEEM C. K.
                    AGED ABOUT 9 YEARS
                    SINCE MINOR REP BY HIS,
                    FATHER SALEEM C. K. AS NATURAL GUARDIAN
                    BOTH R/AT NILUVUDIKERE VILLAGE,
                    SOMWARPET TALUK, KODAGU DISTRICT.
                                                                   ...APPELLANT
                    (BY SRI. SYED ABDUL SABOOR, ADVOCATE (VC))

                    AND:

                    1.    PRASANNA K,
                          S/O. K. S. MANCHEGOWDA,
                          AGED ABOUT 48 YEARS,
                          R/AT KANCHUR VILLAGE,
Digitally signed by       HUNTHUR POST,MUDIGIERE TALUK,
AASEEFA PARVEEN           CHIKKAMAGALURU DISTRICT- 577 132.
Location: HIGH
COURT OF            2.    THE MANAGER
KARNATAKA                 UNITED INDIA INSURANCE CO LTD.,
                          BALLAL CIRCLE, MYSURU - 570 004.
                                                                ...RESPONDENTS
                    (BY SMT. GEETHA RAJ, ADVOCATE FOR R2;
                    V/O. DATED 21.02.2022, NOTICE TO R1 DISPENSED WITH)

                         THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
                    JUDGMENT AND AWARD DT.29.11.2021 PASSED IN MVC
                    NO.469/2018 ON THE FILE OF THE PRINCIPAL SMALL CAUSES,
                    SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY IN ALLOWING
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                                              NC: 2024:KHC:44101
                                           MFA No. 1394 of 2022




THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA


                      ORAL JUDGMENT

Heard Sri.Syed Abdul Saboor who appears through video

conference and represents the appellant. Also heard

Smt.Geetha Raj who appears physically before this court and

represents respondent No.2.

2. Challenge in this appeal is the order that is

rendered by the Motor Accidents Claims Tribunal, Mysuru, in

MVC No.469/2018 dated 29.11.2021. This is a claimant's

appeal.

3. The claimant who was aged about six years as on

the date of accident, represented by his father moved an

application claiming compensation for the injuries sustained by

him. The Tribunal through the impugned order awarded a sum

of Rs.4,56,000/- as compensation.

NC: 2024:KHC:44101

4. Arguing the matter, Sri.Syed Abdul Saboor submits

that though the whole body disability as assessed by PW2 is

50%, the Tribunal took the same as 45%. Learned counsel

states that the compensation granted is on lower side. Learned

counsel ultimately seeks for enhancement of compensation.

5. On the other hand, Smt.Geeta Raj learned counsel

for respondent No.2 states that the tribunal awarded a sum of

Rs.4,00,000/- under the head pain and suffering and allied

aspects and also awarded a sum of Rs.56,000/- under the head

medical and incidental expenses which is justifiable. Learned

counsel also states that the compensation granted is in

accordance with the established norms.

6. A perusal of records reveals that the tribunal basing

on the decision that is rendered by the Hon'ble Apex court in

Master Mallikarjun v. Divisional Manager, The National

Insurance Company Limited and Another, AIR 2014 SC 736,

awarded a sum of Rs.4,56,000/- as compensation in total. The

compensation that is granted is highly justifiable and also in

accordance with the mandate of law. This Court does not find

NC: 2024:KHC:44101

any grounds to interfere with the well reasoned order of the

Tribunal.

Therefore, this Court holds that the appeal lacks merits.

Resultantly, the appeal stands dismissed without costs.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

DS