Rajeeba Eram @ Babu Rajeeb vs M. R. Sahid Jasvir
2024 Latest Caselaw 27807 Kant

Karnataka High Court

Rajeeba Eram @ Babu Rajeeb vs M. R. Sahid Jasvir on 20 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

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                                                          NC: 2024:KHC:47220
                                                       MFA No. 3857 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                            BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                   MISCELLANEOUS FIRST APPEAL NO. 3857 OF 2018 (MV)
                   BETWEEN:

                   1.    RAJEEBA ERAM @ BABU RAJEEB
                         D/O. ABDUL RAJAQ, AGED ABOUT 11 YEARS,
                         SINCE MINOR,
                         REP BY HER NATURAL GUARDIAN MOTHER
                         RAIHANATH, W/O. ABDUL RAJQ,
                         BADAGOTTA VILLAGE,
                         SHASHIVARASANTHE HOBLI,
                         SOMAVARAPETE TALUK,

                         PRESENTLY R/O. SOWMYA KESHAVA NILAYA,
                         HEMAVATHI NAGARA MAIN ROAD,
                         SARASWATHIPURAM, HASSAN-573 201.
                                                                  ...APPELLANT
                   (BY SRI. SHARADAMBA A R., ADVOCATE)

                   AND:
Digitally signed
by KIRAN           1.    M. R. SAHID JASVIR
KUMAR R                  S/O. MOHAMMED ALI,
Location: HIGH           #2/14 C, NEW HOUSE,
COURT OF
KARNATAKA                SUNKADA MANE, SURINJI,
                         MANGALORE NORTH.

                   2.    THE MANAGER
                         UNITED INDIA INSURANCE COMPANY LIMITED,
                         76, K.S. RAO ROAD,
                         OPP. POPULAR BUILDING,
                         HAMPANAKATTE, MANGALORE.

                         REP BY THE MANAGER,
                         UNITED INDIA INSURANCE COMPANY LIMITED,
                              -2-
                                          NC: 2024:KHC:47220
                                       MFA No. 3857 of 2018




     VENKATESHWARA BUILDING,
     P.B. NO. 108, B.M. ROAD,
     HASSAN-573 201.
                                         ...RESPONDENTS
(BY SRI. Y.K.SHESHAGIRI RAO., ADVOCATE FOR R-2;
    VIDE ORDER DATED:10.11.2023, NOTICE TO R-1 IS
    DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:13.10.2017
PASSED ON MVC NO.1322/2016 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND ADDITIONAL MACT, MEMBER,
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 MR JUSTICE N S SANJAY GOWDA



                     ORAL JUDGMENT

1. The claimant in MVC.1322/2016 is in appeal being

dissatisfied with award of Rs.99,000/-.

2. Though there was no medical evidence indicating the

extent of disability, having regard to the fact that the

Tribunal has recorded a finding that the claimant had

her right side of the liver torn and her nature call was

blocked and she was admitted in two hospitals for 11

NC: 2024:KHC:47220

days, it would be appropriate to treat the disability at

5%.

3. Since the claimant was a minor, as per the judgment

in MFA.No.420/2020 & connected cases, she would

be entitled to the following compensation:

4. Since the accident was of the year 2016, as per table

No.1 in the aforesaid judgment1, the claimant would

be entitled to Rs.1,64,851.20/- (Rs.1,83,168 X 18

multiplier X 5% disability) towards pecuniary loss.

5. In respect of unpecuniary loss, as per table No.2 of

the aforesaid judgment2, the claimant would be

entitled to Rs.1,18,211/-. Thus, in all, the claimant

would be entitled to Rs.2,83,062.20/-, rounded off to

Rs.2,83,000/- along with interest at 6% p.a. from

the date of petition till its realisation.

1                 Inflation rate          For disability
    Year
                                          below 20%
    2016          4.96                    1,83,168


2             Inflation        Below 10%
    Year
              rate
    2016      4.96             1,18,211

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6. The insurer shall deposit the said amount within a

period of two months from the date of receipt of a

copy of this judgment.

7. On such deposit being made, the same shall be kept

in fixed deposit for a period of ten years in any

Nationalised Bank and the claimant would be entitled

to withdraw accrued interest periodically, either by

herself or through her parents.

8. The appeal is accordingly allowed in part.

Sd/-

(N S SANJAY GOWDA) JUDGE

PKS