Karnataka High Court
Vasanth Kumar @ Varun vs Fairoz Pasha on 5 November, 2024
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NC: 2024:KHC:44456
MFA No. 8779 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.8779 OF 2023(MV-I)
BETWEEN:
VASANTH KUMAR @ VARUN,
S/O LATE PURUSHOTHAMA,
AGED ABOUT 20 YEARS,
R/O. 3RD CROSS, KUMABARA BEEDI,
HASSAN- 573 201.
...APPELLANT
(BY SRI. RAVI M.M., ADVOCATE)
AND:
1. FAIROZ PASHA,
S/O KHALEEL AHAMAD,
R/AT HOUSE NO. 66,
BEHIND NOORANI MASXIZ
EDGE ROAD, CHIKKANALU,
HASSAN - 573 201.
(OWNER OF HERO HONDA
Digitally signed by SPLENDER BIKE
AASEEFA PARVEEN BEARING NO. KA 13-A-2479)
Location: HIGH
COURT OF 2. SRIRAM GENERAL INSURNCE
KARNATAKA
COMPANY LIMITED,
NO. S /5, 3RD FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD,
BENGALURU - 560 001.
REP BY ITS MANAGER.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2;
V/O. DATED 09.01.2024, NOTICE TO R1 DISPENSED WITH)
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MFA No. 8779 of 2023
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.08.2023 PASSED IN
MVC NO. 319/2011 ON THE FILE OF THE MEMBER,
ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL, MACT,
HASSAN, PARTLY ALLOWING 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.Ravi.M.M, learned counsel for the appellant
as well as Sri.B.Pradeep, learned counsel for respondent
No.2.
2. The claimant in MVC No.319/2011 that stood
pending before the Additional Motor Accidents Claims
Tribunal, Hassan and was disposed of through order dated
26.08.2023 is before this Court seeking enhancement of
compensation.
3. Undisputedly, the appellant sustained fracture
of right femur. Pw.2 assessed the disability in respect of
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right lower limb as 15%. The Tribunal took the whole body
disability as 5%.
4. Learned counsel Sri.Ravi.M.M representing the
appellant contends that the Tribunal awarded meager sum
as compensation under all heads and therefore, the
present appeal is filed seeking enhancement.
5. Per contra the submission that is made by
Sri.B.Pradeep, learned counsel for respondent No.2 is that
the Tribunal awarded excessive sum as compensation.
Learned counsel submits that as per the decision of the
Hon'ble Apex Court in the case of Master Mallikarjun vs.
Divisional Manager, The National Insurance Company
Limited and Another reported in AIR 2014 SC 736, where
the permanent physical disability is below 10%, the
amount that should be awarded is Rs.1,00,000/- only, but
the Tribunal awarded a sum of Rs.2,02,463/- as
compensation.
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6. A perusal of the record reveals that the Tribunal
awarded a sum of Rs.2,02,463/- as compensation divided
under following heads:
Sl. Description Amount
No
1 Pain and sufferings, mental
and physical shock and Rs.1,00,000
agony
2 Medical expenses Rs.66,163
3 Towards diet, food,
nourishment, attendant Rs.6,300
and conveyance charges
4 Loss of amenity and life
Rs.10,000
comforts
5 Future medical expenses Rs.20,000
Total Rs.2,02,463
7. Admittedly, the accident occurred in the year
2010. The appellant was aged about 8 years by the date of
accident. For the relevant period, awarding a sum of
Rs.2,02,463/- is highly justifiable. Further more as rightly
contended by Sri.B.Pradeep, the Tribunal based its
decision upon the law laid down through Master
Mallikarjun case regarding the compensation that should
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be awarded where a child sustains injuries. This Court
does not find any ground, more so justifiable grounds to
enhance the compensation. The compensation that is
awarded by the Tribunal is highly fair and justifiable.
Therefore, this Court is of the view that the appeal lacks
merits.
Resultantly, the appeal stand dismissed without
costs.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
