Karnataka High Court
Mahantesh S/O Ganganagouda Goudar vs Basavaraj S/O Manappa Naikar on 31 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:1992
MFA No. 22137 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.22137 OF 2012 (MV-I)
BETWEEN:
MAHANTESH S/O. RANGANAGOUDA GOUDAR,
AGE: 14 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS M.G.F.
RANGAGANGOUDA S/O. BASANAGOUDA GOUDAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: HIRE MUCHCHALAGUDDA, TQ: BADAMIN,
NOW RESIDING AT HOSPETH ONI,
BAGALKOT, DIST: BAGALKOT.
...APPELLANT
(BY SRI CHANDRASHEKAR P.PATIL, ADVOCATE)
AND:
BASAVARAJ S/O. MANAPPA NAIKAR,
AGE: 24 YEARS, OCC: BUSINESS,
OWNER OF TATA ACE BEARING
REG.NO.KA-29/9288,
R/O: H.NO.124, 7TH CROSS,
Digitally signed by JYOTI COLONY, NEAR PIPE FACTORY,
MALLIKARJUN
RUDRAYYA VIDYAGIRI, BAGALKOT.
KALMATH
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(NOTICE TO RESPONDENT IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 29.03.2012 PASSED BY THE MEMBER, M.A.C.T.
NO. IV, BAGALKOT, IN MVC NO.574/2010, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2025:KHC-D:1992
MFA No. 22137 of 2012
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed by the claimant/injured
seeking enhancement of compensation being aggrieved by
the judgment and award dated 29.03.2012, passed in MVC
No.574/2010 on the file of the Member MACT-IV,
Bagalkot, (for short, 'Tribunal').
3. Brief facts of the case are that on 15.09.2009
at about 07.30 p.m., the claimant/appellant was moving
towards home by walk carefully and cautiously near Hire-
Muchchalagudda bus stand, at that time, TATA Ace
bearing Reg.No.KA/9288 came in a rash and negligent
manner and caused accident. Due to the said accident, the
appellant/claimant sustained injuries and immediately
after the accident, the appellant was admitted to
Government Hospital, Badami for first aid. Later he was
NC: 2025:KHC-D:1992
shifted to Kerudi hospital, Bagalkot and he was inpatient
for a period of 10 days. Therefore, the claimant has filed
the claim petition, seeking compensation.
4. Heard the arguments of learned counsel for the
parties and perused the records.
5. The occurrence of accident, injuries sustained
by the claimant and coverage of insurance are not in
dispute.
6. In the present case, from the medical evidence
on record, it is proved that the claimant had suffered the
following injuries:
i. CLW of upper central incisor.
ii. CLW 2x3 cm right partial region.
iii. Abrasion right cheek and forehead 3x2 cms.
iv. Fracture of right fibula.
v. Grievous injuries over head and eye.
7. The Tribunal after considering the facts and
circumstances and evidence on record, has awarded total
compensation of Rs.15,900/- along with interest at the
NC: 2025:KHC-D:1992
rate of 6% per annum from the date of petition till the
date of realization, under the following heads:
SL.NO. PARTICULARS AMOUNT
(IN.RS.)
1. Injuries, pain and suffering 8,000/-
2. Medical expenses 7,900/-
Total Compensation 15,900/-
8. Upon considering the injuries sustained and
amount of compensation awarded by the Tribunal, which is
on lower side, the claimant is entitled to enhanced
compensation on the correct parameters.
9. The claimant was 12 years old at the time of
accident and he was a minor. If the claimant has suffered
permanent disability upto 10%, then compensation of
Rs.1,00,000/- is awarded under the head pain and
sufferings . Therefore, by following the principle of law laid
down by the Hon'ble Apex Court in the case of Master
Mallikarjun Vs. Divisional Manager, National
NC: 2025:KHC-D:1992
Insurance Company Limited & Another1 compensation
is awarded as under:
SL.NO. PARTICULARS AMOUNT
(IN.RS.)
1. Pain and suffering already 1,00,000/-
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.
2. Discomfort, inconvenience and 25,000/-
loss of earnings to the parents
during the period of
hospitalization.
3. Future medical expenses for 25,000/-
correction of the mal union of
fracture and incidental
expenses for such treatment.
Total Compensation 1,50,000/-
10. Thus, in all, the claimant would be entitled to
total compensation of Rs.1,50,000/- with interest at the
rate of 6% per annum from the date of petition till
realization. The Insurance Company shall deposit the same
within a period of eight weeks from the date of receipt of a
copy of this judgment.
11. In the result, I proceed to pass the following:
2014(14) SCC 396
NC: 2025:KHC-D:1992
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
29.03.2012, passed by the Member
MACT-IV, Bagalkot in MVC No.574/2010
stands modified.
iii) The claimant is entitled for total
compensation of Rs.1,50,000/- along with
interest at the rate of 6% p.a. from the
date of petition till its realization, as
against Rs.15,900/- awarded by the
tribunal.
iv) The insurance company shall deposit the
amount within a period of eight weeks
from the date of receipt of a copy of this
judgment.
NC: 2025:KHC-D:1992
v) Send back the trial Court records along
with a copy of this judgment to the
tribunal.
vi) No order as to costs.
vii) Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
RKM
