Karnataka High Court
Miss Varunya vs The Manager on 23 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42632
MFA No. 8621 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.8621 OF 2018(MV-I)
BETWEEN:
1. MISS. VARUNYA
D/O. SURESH
AGED ABOUT 14 YEARS
RESIDING AT NO.3
MANIDI NILAYA, 2ND MAIN
3RD CROSS, NAGAPPA BLOCK
BENGALURU NORTH,
SRIRAMAPURAM
BENGLAURU - 21
SINCE THE PETITIONER
IS A MINOR HENCE REPRESENTED
BY NATURAL GUARDIAN
SMT. BABITHA
W/O. KRISHNE GOWDA K. J.
...APPELLANT
Digitally
signed by (BY SRI MOHAMMED SHERIFF, ADVOCATE)
KIRAN
KUMAR R
AND:
Location:
HIGH
COURT OF 1. THE MANAGER
KARNATAKA
THE UNITED INDIA INSURANCE CO. LTD.
T. P. HUB, KRUSHI BHAVAN BUILDING
6TH FLOOR, HUDSON CIRCLE,
BENGLAURU- 01.
2. SMT. K. VASANTHI
W/O. LATE RAVINDRANATH
NO.3, 2ND MIAN ROAD
3RD BLOCK, NAGAPPA BLOCK
-2-
NC: 2024:KHC:42632
MFA No. 8621 of 2018
SRIRAMPURAM,
BENGALURU - 21.
...RESPONDENTS
(BY SRI B. C. SEETHARAMA RAO, ADVOCATE FOR R-1;
VIDE ORDER DATED 21/8/2024 NOTICE TO R-2 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 06/04/2018,
PASSED IN MVC NO.2207/2017, ON THE FILE OF THE III
ADDITIONAL JUDGE & MEMBER, MACT, COURT OF SMALL
CAUSE, (SCCH-18), BENGALURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA, 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, being dissatisfied with the compensation of
Rs.8,05,963/- awarded by the Tribunal, is in appeal.
2. The fact that the accident occurred and the further fact
that the offending vehicle was insured is not in dispute.
3. The claimant was aged about 13 years when the accident
occurred on 02.01.2017. The doctor who was examined during
the trial has assessed the whole body disability at 22%. This
Court, in the judgment rendered in M.F.A. No.426/20201 and
Master Karthik R. v. National Insurance Co. Ltd. & Another
NC: 2024:KHC:42632
connected matters, has passed an order detailing the manner
in which the compensation is to be computed in respect of the
injuries suffered by the minors. According to Table-I in said
judgment, for an accident of the year 2017, the annual notional
income would be Rs.2,62,821/-. Consequently, the claimant
is entitled to a sum of Rs.10,40,771/- (Rs.2,62,821/- x 18 x
22%) towards 'loss of future income'.
4. In addition, towards 'pecuniary damages', the claimant is
also entitled to a sum of Rs.3,63,463/- as indicated in Table II.
The claimant is also entitled to a sum of Rs.4,20,963/- towards
'medical expenses' and also a sum of Rs.15,000/- awarded
towards 'future medication'. Consequently, the award of the
Tribunal is modified and the claimant is held entitled to the
total compensation of Rs.18,40,197/- as against
Rs.8,05,963/- as awarded by the Tribunal, along with interest
at the rate of 6% per annum, on the enhanced amount, from
the date of petition till its realization.
5. 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.
NC: 2024:KHC:42632
6. Upon deposit, the entire compensation amount shall be
invested in a fixed deposit for a period of Ten years in the
name of claimant in any Nationalised or Scheduled Bank of the
claimant's choice with liberty to withdraw the interest accrued
thereon, periodically, on the compensation amount. After
maturity, the Bank shall release the amount in favour of
claimant without any further proceedings.
7. The amount in deposit, if any, shall be transferred to the
Tribunal forthwith.
8. The appeal is, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
