Partly allowed

Master N R Kaushik S/O Sri Raghuram Thantri v. the Regional Manager

Karnataka HC27 Jan 2014MFA/270/2011

Case brief

AI extract

What is this about?

The High Court allowed in part the appeal filed by a minor claimant against a motor accident compensation award. The court enhanced the total compensation from Rs.1,06,500 to Rs.1,56,500 by adding Rs.20,000 for enhanced medical expenses and Rs.30,000 for loss of future earning, directing the insurer to deposit the amount.

What did the court decide?

The impugned judgment varied to award total compensation of Rs.50,000 over and above the original amount, increasing the total to Rs.1,56,500 with interest.

Master N R Kaushik S/O Sri Raghuram Thantri Vs the… — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 27^th DAY OF JANUARY 2014

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BEFORE

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THE HON’BLE MR.JUSTICE HULUVADI G. RAMESH

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M.F.A.No.270 /2011 (MV)

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BETWEEN :

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Master N.R.Kaushik S/o Raghuram Thantri, aged 16 years, R/at No.K-33, I Cross, KEB Layout, BSK III Stage, Bangalore, Karnataka State, Since appellant is minor rep.by his mother and natural guardian Smt.B.R.Vedavathi, 41 yrs W/o Raghuram Thantri

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.. Appellant

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( By Sri T.N.Vishwanatha, Advocate )

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AND :

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The Regional Manager, M/s.Bajaj Allianz General Insurance Co.Ltd., Ground Floor, No.31, TBR Tower, I Cross, New Mission Road, Adjacent to Jain College & Bangalore Stock Exchange, J.C.Road, Bangalore.

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Smt.Jayalakshmi B. W/o G.Srinivas, Aged about 41 years, R/at No.107, 4^th Main Road, Vittal Nagar, Chamarajpet, Bangalore.

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.. Respondents

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( By Sri O.Mahesh, Advocate )

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This MFA is filed under Section 173(1) of M.V.Act against the judgment and award dated 11.8.2010 passed in MVC.No.7469/2009 on the file of the IX Addl.Judge, Court of Small Causes, Member, MACT-7, Metropolitan area, Bangalore (SCCH-7), seeking enhancement of compensation.

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This Appeal coming on for Admission this day, the Court delivered the following :

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JUDGMENT

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This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned IX Addl.Senior Civil Judge, Small Causes Court & MACT-7, Bangalore, in MVC.No.7469/2009, dated 11^th August 2010.

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It is the case of the claimant that on 10.8.2009 at about 1.15 p.m.

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when he was walking on the extreme left side of PMK road, Basavanagudi, near National college, a motorcycle bearing No.KA-01-EF-4956 came in a rash and negligent manner and dashed against him due to which, he fell down and sustained grievous injuries. Claimant was aged 16 years as such, his mother/natural guardian filed claim petition before the Tribunal seeking compensation.

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On the matter being contested by the respondent-insurer, the

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Tribunal raising as many as three issues, after enquiry, holding that the accident was due to negligence on the part of the rider of the motorcycle in question, awarded total compensation of Rs.1,06,500/- with 6% interest under the following heads :

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pain and suffering : Rs. 30,000-00 2. medical expenses : Rs. 10,000-00 3. loss of future earnings : Rs. 16,500-00 4. loss of education : Rs. 10,000-00 5. loss of amenities and : Rs. 20,000-00 future unhappiness

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future medical expenses : Rs.10,000-00 7. conveyance, nourishment : Rs.10,000-00 and attendant charges

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------------------------- Total Rs.1,06,500-00 ------------------------

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Being not satisfied, the claimant/appellant is before this Court

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seeking enhancement of compensation.

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Heard the learned counsel representing the parties.

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As per the wound certificate, claimant is stated to have sustained

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fracture of distal end of left femur and swelling and tenderness over 1/3^rd of

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left thigh and injuries all over the body. He was inpatient in KIMS Hospital

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for about 18 days and has undergone surgery. The doctor has assessed the disability suffered by the claimant at 10% to the whole body. According to the appellant, more than Rs.30,000/- has been spent towards medical expenses. It is stated that he was studying in 10^th standard at the time of accident. The accident is of the year 2009. Having regard to the nature of injuries sustained, claimant would be entitled for another sum of Rs.20,000/- towards medical expenses as twice he had undergone surgery and Rs.30,000/- towards loss of future earning due to disability. Thus, in all the claimant is entitled to compensation of Rs.50,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The impugned judgment and award is modified accordingly. The insurer to deposit the amount within three months.

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Appeal is allowed in part accordingly.

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Sd/JUDGE

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bk/

Master N R Kaushik S/O Sri Raghuram Thantri v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Master N R Kaushik S/O Sri Raghuram Thantri v. the Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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