Karnataka High Court
Kishore vs The United India Insurance Co Ltd on 9 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:36755
MFA No. 1083 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1083 OF 2020 (MV)
BETWEEN:
KISHORE
S/O SMT CHAYA
AGED ABOUT 19 YEARS
R/AT NO.142, RUPENA AGRAHAR
N G R LAYOUT, GULBARGA COLONY
HOSUR MAIN ROAD, MADIVALA
BANGALORE-560068
...APPELLANT
(BY SRI. NAIK RAMACHANDRA RAMA.,ADVOCATE)
AND:
1. THE UNITED INDIA INSURANCE CO LTD.,
BENGALURU REGIONAL OFFICE
NO.40, 1ST FLOOR, LAKSHMI COMPLEX
K R ROAD, FORT CHICKPETE BRANCH
Digitally signed by BANGALORE-560002
HEMALATHA A BY ITS IN CHARGE MANAGER.
Location: HIGH
COURT OF
KARNATAKA 2. THE MANAGING DIRECTOR
BMTC, CENTRAL OFFICE
K H ROAD, SHANTHINAGAR
BANGALORE-56002.
...RESPONDENTS
(BY SRI. BENNI RAVISH CHANDRASHEKAR.,ADVOCATE FOR
R1:NOTICE TO R2 IS DISPENSED WITH V/O DATED:
27.07.2023 )
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 01.10.2019
PASSED IN MVC NO. 1433/2009 ON THE FILE OF THE IX
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MFA No. 1083 of 2020
ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF
SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7),
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 H.T. NARENDRA PRASAD
ORAL JUDGMENT
This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 01.10.2019 passed by the IX Additional Small
Causes and Additional MACT, Bangalore (SCCH-7)
(hereinafter referred to as 'the Tribunal') in MVC
No.1433/2009.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 30.08.2008 at about 1.00 p.m. when
the claimant was walking on the left side of NH 4 Tumkur
road in front of Sarojini Hospital Bus Stop, T.Dasarahalli,
at that time, a BMTC bus bearing registration No.KA-
01/FA-659 being driven by its driver at a high speed and
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in a rash and negligent manner, dashed to the claimant.
As a result of the aforesaid accident, the claimant
sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of
the Act, seeking compensation. It was pleaded that he
spent significant amount towards medical expenses,
conveyance charges and other related costs. It was further
pleaded that the accident occurred solely on account of
rash and negligent driving of the offending vehicle by its
driver.
4. Upon service of notice, the respondent Nos.1 and 2
appeared through counsel and filed separate written
statements denying the averments made in the claim
petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimant, in order to prove the case,
examined himself as PW-1, and Dr.Yogishwarappa was
examined as PW-2, and got exhibited documents namely
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Ex.P1 to Ex.P12. On behalf of the respondents, one
witness was examined as RW-1 and got exhibited
documents namely Ex.R1 to Ex.R3. The Claims Tribunal,
by the impugned judgment, inter alia, held that the
accident took place on account of rash and negligent
driving of the offending vehicle by its driver, as a result of
which, the claimant sustained injuries. The Tribunal further
held that the claimant is entitled to a compensation of
Rs.1,11,583/- along with interest at the rate of 6% p.a.
and directed the Insurance Company to deposit the
compensation amount along with interest. Being
aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant submitted
that due to the accident, the claimant has sustained
grievous injuries, he was a minor at the time of the
accident, the accidental injury has affected his academic
career. The overall compensation awarded by the Tribunal
is on the lower side. Hence, he sought to allow the appeal.
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7. On the other hand, the learned counsel for the
Insurance Company submits that the claimant was a minor
and a non-earning member of the family. The injuries are
minor in nature. The Tribunal, considering the judgment of
the Apex Court in the case of MASTER MALLIKARJUN
vs. DIVISIONAL MANAGER, NATIONAL INSURANCE
COMPANY LTD. reported in 2013 ACJ 2445, has
awarded the just compensation. Hence, he sought to
dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 30.08.2008
due to rash and negligent driving of the offending vehicle
by its driver.
10. At the time of the accident, the claimant was
aged about 10 years and he was a minor and a non-
earning member of the family. Considering the evidence
of the doctor, the Tribunal has assessed the whole body
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disability at 6%. The Apex Court in the case of MASTER
MALLIKARJUN (supra) has held that if the disability is
below 10%, Rs.1,00,000/- has to be awarded under the
'head pain and suffering already undergone and to be
suffered in future, etc.', Rs.25,000/- for 'discomfort and
inconvenience to the parents at the time of
hospitalization', Rs.25,000/- for 'medical and incidental
expenses during the period of hospitalization' and
Rs.25,000/- for 'future medical expenses'. In all, the
claimant is entitled to a compensation of Rs.1,75,000/-.
11. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment of the Claims Tribunal is modified.
(iii) The claimant is entitled to a total compensation of
Rs.1,75,000/- as against Rs.1,11,583/- awarded by the
Tribunal.
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(iv) The Insurance Company is directed to deposit
the compensation amount along with interest @ 6% p.a.
from the date of filing of the claim petition till the date of
realization, within a period of six weeks from the date of
receipt of a copy of this judgment.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
