Karnataka High Court
Kumari Anusha vs Sri Venkatesh on 16 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:41921
MFA No. 4368 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.4368 OF 2016 (MV-I)
BETWEEN:
KUMARI. ANUSHA
D/O. GIRISH
AGED ABOUT 8 YEARS
BEING MINOR REPT BY YOUR
NATURAL GUARDIAN MOTHER
SMT. DIVYA
R/AT CHELLANAHALLI VILLAGE,
HUNASUR TALUK,
MYSORE DISTRICT - 570 015.
...APPELLANT
(BY SRI. DIVAKARA P.S., ADVOCATE)
AND:
1. SRI VENKATESH
Digitally signed S/O VALLI KANNAGOUNDAR
by RAMYA D
Location: HIGH
MAJOR,
COURT OF R/AT PADUVAKOTE VILLAGE,
KARNATAKA
S.D.KOTE TALUK,
MYSORE DISTRICT - 570 017.
2. THE MANAGER
UNITED INDIA INSURANCE CO. LTD.,
3RD FLOOR, SUNDAR ARCADE,
BEFORE KSRTC BUS STAND,
MYSORE - 570 016.
...RESPONDENTS
(BY SRI. GANGADHAR SANGOLLI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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NC: 2024:KHC:41921
MFA No. 4368 of 2016
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.11.2014 PASSED IN MVC
NO. 1166/2013 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, HUNSUR, MYSORE DISTRICT, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The present appeal is filed by the
appellant/claimant challenging the judgment and award
dated 20.11.2014 passed in MVC.No.1166/2013 by the
Fast Track court & Addl. MACT at Hunsur, Mysore District,
for enhancement of compensation.
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance are not disputed.
3. Heard the arguments from both sides and
perused the records.
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4. In the present case, the claimant who is five
years old girl has sustained the following injuries:
i. Defused swelling at lower 1/3rd of right leg
ii. Abrasion over middle 1/3rd of the leg
iii. Movement of that region is painful and
restricted
5. The Tribunal has awarded compensation under
various heads as follows:
1 Pain and suffering Rs. 30,000/-
2 Medical expenses Rs. 60,000/-
3 Loss of amenities Rs. 20,000/-
TOTAL Rs. 1,10,000/-
6. Ex.P.6 is the wound certificate, Ex.P.8 to
Ex.P.33 are the medical bills. Ex.P.34 to Ex.P.40 are the
prescriptions. Ex.P.41 is the discharge summary. Ex.P.42
to Ex.P.44 are three X-ray photos. The doctor is examined
as P.W.2 and has deposed that he has given treatment to
the claimant and has operated her fractured bone and
inserted implants. It is the evidence of the doctor that the
claimant has suffered shortening of right leg by half an
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inch compared to the left leg. The claimant is finding
difficulty in moving the affected limb and other
deficiencies. It is the opinion of the doctor that the
claimant has suffered 18% of disability to the affected
limb.
7. Considering that the claimant is a minor girl of
five years old and suffered shortening of right leg by half
an inch, therefore, the claimant is constrained to suffer her
whole life by such shortening of leg. Therefore, the
claimant has suffered 10% of permanent physical disability
towards whole body. Therefore, in case of injuries
sustained by minor children, what would be compensation
awarded is guided by the judgment of Hon'ble Supreme
Court in the case of Master Mallikarjun vs. Divisional
Manager, The National Insurance Co. Ltd.,1
8. Therefore, in the present case, the claimant had
sustained physical disability at 10%. Hence, compensation
AIR 2014 SC 736
NC: 2024:KHC:41921
awarded to the claimant under the various heads as
following:
Head Compensation amount
Pain and suffering already Rs.3,00,000
undergone and to be suffered in
future, mental and physical shock
hardship, inconvenience, and
discomforts, etc. and loss of
amenities in life on account of
permanent disability.
Discomfort, inconvenience and loss Rs.25,000/-
of earnings to the parents during
the period of hospitalization.
Medical and incidental expenses Rs.60,000/-
during the period of hospitalization
for 58 days.
Future medical expenses for Rs. 25,000
correction of the mal union of
fracture and incidental expenses for
such treatment.
Total Rs.4,10,000/-
9. Therefore, the claimant is awarded a total
compensation of Rs.4,10,000/- as against the
compensation awarded by the Tribunal at Rs.1,10,000/-.
Hence, the claimant is entitled for enhanced compensation
of Rs.3,00,000/- (Rs.4,10,000/- - Rs.1,10,000/-) along
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with interest at 6% per annum from the date of filing of
the petition till realization.
10. In the result, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
20.11.2014 passed in MVC.No.1166/2013 by
the Fast Track court & Addl. MACT at Hunsur,
Mysore District, is modified to the extent that
the appellant/claimant is entitled to enhanced
compensation of Rs.3,00,000/- along with
interest at the rate of 6% per annum from the
date of petition till the date of realization.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal
forthwith.
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v. The appellant/claimant is not entitled for
interest for the delay period of 491 days in
filing the appeal.
vi. Draw award accordingly.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PB
