Partly allowed

Sathish v. Basavaraju

Karnataka HC5 Jun 2015MFA/341/2013

Case brief

AI extract

What is this about?

The Court allowed an appeal against the original compensation award in a motor accident case involving a minor. It enhanced the total compensation from Rs. 70,000 to Rs. 1,30,000, ordering the respondents to deposit the additional Rs. 60,000 with interest. The minor permitted to withdraw specific portions of the award.

What did the court decide?

The appellant is entitled to Rs. 60,000 with interest @ 6% p.a. The total compensation is fixed at Rs. 1,30,000. Insurers granted three months to deposit the amount.

Sathish Vs Basavaraju — Motor Accident Claims | Karnataka HC (2015)

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MFA No.341/2013(MV) ��

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2015 BEFORE

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.341 OF 2013 (MV)

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BETWEEN:

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SATHISH, 8 YEARS S/O ERACHITHAIAH REPRESENTED BY FATHER ERACHITHAIAH S/O LATE CHITHAIAH @ JAMKATAIAH 25 YEARS, R/O KATAGANAHATTI KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT.

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... APPELLANT

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(BY SRI: PATEL D KAREGOWDA, ADV)

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AND:

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BASAVARAJU, MAJOR S/O RANGAPPA PROP: M/S.PRASHANTH ELECTRONICS NO.6, GOVINDARAJANAGARA NAGARABHAVI MAIN ROAD BENGALURU – 560 079.

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MFA No.341/2013(MV)

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��

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M/S NATIONAL INSURANCE COMPANY BEHIND KRISHNA TALKIES KASTHURI MANSION M G ROAD TUMKUR-572 101 BY ITS MANAGER.

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... RESPONDENTS

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(BY SRI: PUTTIGE R RAMESH, ADV FOR R2, NOTICE TO R1 DISPENSED WITH

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V/O/DTD 22.09.2014)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.09.2012 PASSED IN MVC NO.3/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDE, JMFC, MACT13, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR HEARING, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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Dissatisfied with the sum of compensation

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awarded for the injuries sustained by minor child, this appeal is filed seeking enhancement.

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The minor appellant has suffered the

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fracture of right femur subtrochanteric,

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MFA No.341/2013(MV)

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��

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fracture of humerus proximal end, fracture of right clavicle, lacerated wound over the hand and abrasion over dorsum of the foot. The Tribunal after recording the evidence has granted the global sum of Rs.70,000/- as compensation.

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Heard the learned Counsel for both

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the parties.

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Learned Counsel for the appellant

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submits that the assessment of compensation is

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on the lower side and it needs enhancement.

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On the other hand, learned Counsel

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for the insurer supports the judgment and award.

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Perusal of the material placed on

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record reveals that apart from three fractures, the minor suffered two simple injuries. It is proper to grant the sum of Rs.70,000/- towards pain, suffering and mental agony. Towards medical expenses, no compensation is granted,

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MFA No.341/2013(MV)

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��

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though the appellant has produced medical bills for a sum of Rs.24,857/-, hence, it is proper to grant the sum of Rs.25,000/- towards medical expenses. Towards food, nourishment etc., the sum of Rs.10,000/- would be appropriate and Rs.5,000/- would be appropriate towards loss of educational prospects due to the injuries suffered. There are implants and they have to be removed. Hence, the sum of Rs.20,000/- would be appropriate for future medical expenses.

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Thereby, the appellant is entitled to the compensation as under:

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Pain, suffering and mental agony Rs.70,000/Medical expenses Rs.25,000/-

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Food, nourishment and Attendant charges etc., Rs.10,000/Educational prospects Rs.5,000/-

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Future medical expenses Rs.20,000/-

Total

Rs.1,30,000/-

MFA No.341/2013(MV)

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Deducting the sum of Rs.70,000/- awarded by

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the Tribunal, the appellant is entitled to Rs.60,000/- with interest @ 6% p.a.

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7. Consequently, the appeal is allowed

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in part. The appellant is entitled to the compensation of Rs.60,000/- with interest at 6% p.a. from the date of petition till its payment in addition to the compensation awarded by the Tribunal.

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The respondent-insurer is granted three

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months time to deposit the amount.

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Appellant is permitted to withdraw the

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amount of medical expenses and future medical expenses. The remaining amount shall be kept in any of the nationalized bank in the name of minor till he attains the age of majority.

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Sd/JUDGE

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*bgn/-

Sathish v. Basavaraju

Case brief

What is this about?

What did the court decide?

Sathish v. Basavaraju

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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