In this motor accident appeal, the High Court enhanced the compensation awarded by the Tribunal from Rs.1,00,000/- to Rs.1,80,000/- for a minor injured in an MVC, considering long-term urethral injury and disability.
Compensation enhanced to Rs.1,80,000/- with 6% annual interest from the date of petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF JUNE 2012
BEFORE
THE HON’BLE MR JUSTICE K. N. KESHAVANARAYANA
M.F.A. No. 6202/2008 (MV)
BETWEEN:
RUDRESH, S/O KARIYAIAH, AGED ABOUT 18 YEARS, R/AT JODIKRISHANPURA VILLAGE, DUDDA HOBLI, HASSAN TALUK.
...APPELLANT
(BY SMT.KAVITHA H. C. AND SRI. PRAKASHA H. C., ADVOCATES )
AND :
...RESPONDENTS
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THIS M.F.A. IS FILED UNDER SECTION 173 (1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3.11.2007 PASSED IN MVC No.589/2002 ON THE FILE OF PRINCIPAL DISTRICT JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-1, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT FOR COMPENSATION.
THIS M.F.A. COMING FOR HEARING ON THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is by the claimant seeking enhancement of compensation being dis-satisfied with the quantum of compensation awarded by the Tribunal.
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KA.13.T.5249-50 came in a rash and negligent manner and dashed against him, as a result, he sustained fracture of pelvic bone and rupture of urethra for which he took treatment in Chamarajendra Hospital at Hassan, Sanjay Gandhi Hospital and Bowring and Lady Curzon Hospital at Bangalore and Sri. Satyasai Hospital in Andhra Pradesh, for which his father spent huge amount.
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| Pain and sufferings | Rs. 50,000/- |
|---|---|
| Loss of amenities, conveyance | |
| charges, | Rs. 10,000/- |
| Nourishment and attendant charges | |
| Medical expenses | Rs. 10,000/- |
| Future Medical expenses | Rs. 12,000/- |
| Loss of notional income | Rs. 18,000/- |
| Total | Rs.1,00,000/- |
The claimant is dis-satisfied with the said award.
question required to be considered is whether the compensation awarded by the Tribunal deserves to be enhanced?
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treatment for 35 days as inpatient from 26.30.2002 to 29.04.2002. During this period, he had undergone surgery, thereafter, he was shifted to Bowring and Lady Curzon Hospital, wherein he was treated as an inpatient on three occasions, during which period, he had undergone surgeries repeatedly. The medical records would also indicate that he has taken treatment in Sri. Satyasai Higher Medical Sciences in Andhra Pradesh, as an inpatient. The evidence of the Doctor, who treated him would clearly indicate that though the fracture of pelvic bone has united, rupture of urethra is causing great discomfort in his day-to-day life. The evidence further indicates that though at present, urethra is normal, he needs frequent treatment for evoluation of urethra. The doctor has deposed that because the patient has a stricture of urethra, he needs repeated evolution of his condition and he might need life long treatment like dilatation of urethra regularly and this might affect his day-to-day work. It is also the further evidence of the Doctor that since the injured is just 15 years old and since this part is directly connected to
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his external genital organ like penis, it may have effect over his sexual function and fertility. Having regard to the nature of the injury sustained by the claimant and the prolonged treatment undergone in various hospitals, the effect of the injury would be there in future also, which, to some extent has also affected his marriage prospects and sexual pleasure, the compensation awarded by the Tribunal under different heads is too low and deserves to be enhanced. Of course, the injuries suffered by the claimant though have not affected his future earning capacity completely, it has certainly affected his future earning capacity to some extent. According to the doctor, the claimant has sustained permanent disability to the extent of 20 to 25% . In the light of this, the Tribunal has computed the disability to the whole body at 8%.
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| Pain and sufferings | Rs. 70,000/- |
|---|---|
| Loss of amenities in life including | |
| loss of Marriage prospectus and |
Rs. 50,000/- |
| sexual pleasure | |
| Medical expenses | Rs. 10,000/- |
| Future medical expenses | Rs. 25,000/- |
| Transportation, Attendant Charges, | |
| Special Diet, etc. | Rs. 25,000/ |
| Total | Rs.1,80,000/- |
The Respondent-Insurance Company is liable to pay the enhanced compensation along with interest within six weeks from today.
SD/-
JUDGE
KGR*
2 issues framed by the court
Whether the compensation awarded by the Tribunal deserves to be enhanced.
What is the correct quantum of compensation considering the permanent disability and future impact on the minor appellant.
2 provisions across 1 enactments
RUDRESH, S/O KARIYAIAH
THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO.
M. N. RAMESH
K. N. KESHAVANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
