Karnataka High Court
Ayesha Siddiqa vs Prasad G. Kulkarni on 6 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:44857
MFA No. 4828 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 4828 OF 2019
(MV-I)
BETWEEN:
1. AYESHA SIDDIQA
14 YEARS, D/O CHAND PASHA
R/O KHAJI MOHALLA
BASAVESHWARA BEEDHI-572 132
MADHUGIRI TOWN
TUMAKURU DISTRICT
SINCE MINOR R/B
N/G FATHER
...APPELLANT
(BY SRI. K.SHANTHARAJ., ADVOCATE)
AND:
1. PRASAD G. KULKARNI
33 YEARS, S/O GOPALAKRISHNA
Digitally signed
by KIRAN NO.140/A, 21ST CROSS,
KUMAR R DASARAHALLI MAIN ROAD,
Location: HIGH BHUVANESHWARI NAGAR
COURT OF
KARNATAKA BENGALURU-560 024.
2. MR RUDAPA BHIMAPPA KONNURI
A/P PRABHUNAGAR
KHANAPUR TALUK-591302
BELGAUM DISTRICT.
3. RELIANCE GENERAL INSURANCE
COMPANY LIMITED
MAHADEV PLAZA
CTS NO.10719 SY NO.135/A,
NEAR KHOLAPUR CIRCLE
-2-
NC: 2024:KHC:44857
MFA No. 4828 of 2019
NEHRU NAGAR BELGAUM-590 018
BY ITS MANAGER
...RESPONDENTS
(VIDE ORDER DATED:31.07.2024, NOTICE TO R-1 IS
DISPENSED WITH;
R-2 IS SERVED AND UNREPRESENTED;
SRI.H.S.LINGARAJ., ADVOCATE FOR R-3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 04/01/2019,
PASSED IN MVC NO.1012/2016, ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE & MACT, MADHUGIRI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant is in appeal challenging the award of
compensation of Rs.1,55,313/- by the Tribunal for the
injures suffered by her.
2. The accident which occurred on 15.08.2016 is not in
dispute. The liability of the insurer to satisfy the claim
petition is also not in dispute.
3. The Tribunal, on assessment of the evidence, has
awarded the following sums as compensation:
NC: 2024:KHC:44857
Sl. Amount
Nature of Heads
No. (In Rs.)
1. Pain and suffering 40,000/-
2. Medical expenses 74,313
Conveyance, nursing care,
3. nourishment and towards other 6,000/-
incidental charges
Inconvenience, discomfort and
4. 35,000/-
future amenities
Total : 1,55,313/-
4. The doctor who was examined has assessed the
whole body disability of the claimant as 3%. The claimant
was aged 11 years as on the date of the accident.
5. This Court in MFA No.426 of 20201 has laid down
the guidelines for determining compensation in respect of
injuries suffered by minors and it has also tabulated a
chart indicating the annual income to be taken for the
purpose of computing the pecuniary loss and also
tabulated the sums payable towards non-pecuniary loss.
MFA No.426/2020 connected with MFA Nos.4124/2020 and 7008/2021
[Master Karthik.R. vs. National Insurance Co. Ltd. & others], disposed on
27.09.2024 Coram: Hon'ble Mr Justice N S Sanjay Gowda.
NC: 2024:KHC:44857
6. As per Table No.12 of said judgment, since the
accident is of the year 2016, the annual income will have
to be taken as Rs.1,83,168/-, and since the claimant has
suffered disability of 3%, she would be entitled to a sum
of Rs.98,911/- [Rs.1,83,168/- x '18' x 3%] towards the
pecuniary loss.
7. The amount of Rs.6,000/- awarded by the Tribunal
towards conveyance, nursing care, nourishment and
other incidental charges is affirmed.
8. As regards non-pecuniary loss, as per Table No.23
of said judgment, she would be entitled to a sum of
Rs.1,18,211/-.
Table--1
A B C D E
C+D
Amount with inflation
40% FP (for
rates
Year Inflation (for injuries injuries
(also for injuries below
above 20%) above
20% disability)
20%)
2016 4.96 1,83,168 73,267 2,56,435
TABLE--2
Above 10% Above 30% Above 60%
Inflation Upto 10% Above 90%
Year upto 30% upto 60% upto 90%
Rates disability disability
disability disability disability
2016 4.96 1,18,211 3,54,633 4,72,843 5,91,054 7,09,264
NC: 2024:KHC:44857
9. The award of Rs.74,313/- by the Tribunal towards
medical expenses, being based on documentary
evidence, is confirmed.
10. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
As
As awarded
Sl. awarded
Nature of Heads by this
No. by the
Court
Tribunal (In Rs.)
(In Rs.)
40,000/-
1. Pain and sufferings
1,18,211/-
Inconvenience, discomfort
2. 35,000/-
and future amenities
98,911/-
3. Loss of future income Nil [Rs.1,83,168/-
x '18' x 3%]
Conveyance, nursing
care, nourishment and 6,000/-
4. 6,000/-
towards other incidental
charges
5. Medical expenses 74,313/- 74,313/-
Total 1,55,313/- 2,97,435/-
11. Thus, the claimant is held entitled to the total
compensation of Rs.2,97,435/- as against Rs.1,55,313/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
NC: 2024:KHC:44857
12. The Insurance Company is directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
13. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
