Sushma v. Honnaiah
Case brief
What is this about?
On appeal against a Motor Vehicles Tribunal award of Rs.75,000 for a minor's 10% disability, the High Court enhanced compensation to Rs.1,50,000 as the lower sum was insufficient, granting an additional Rs.75,000 plus interest.
What did the court decide?
The appellant is entitled to an additional sum of Rs.75,000/- with interest at 9% p.a. from the date of petition till payment, in addition to the compensation already awarded by the Tribunal.
What the court decided
�� MFA No���������
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2015
BEFORE
THE HON’BLE MR. JUSTICE A.S.PACHHAPURE
MISCELLANEOUS FIRST APPEAL No.364 OF 2014(MV)
BETWEEN
SUSHMA D/O DOLLEGOWDA AGED ABOUT 16 YEARS MINOR, REPRESENTED BY HER NATURAL GUARDIAN i.e FATHER DOLLEGOWDA S/O CHIKKA THIMMEGOWDA @ MALEGOWDA R/O UMMADAHALLY VILLAGE AND POST MANDYA TALUK & DISTRICT – 571 401.
... APPELLANT
(BY SRI: RAJA L, ADV)
AND
- HONNAIAH
S/O DODDA HONNEGOWDA MAJOR R/O THORESHETTAHALLY VILLAGE AND POST MADDUR TALUK, MANDYA DISTRICT – 571 401.
Issues for consideration
3 issues framed by the court
Whether the Tribunal below erred in assessing compensation at Rs.75,000/- for a minor with 10% disability.
What is the applicable compensation for pain, suffering, and parental inconvenience in minor accident cases.
Whether the awarded compensation requires enhancement to ensure adequacy.
Parties & counsel
- appellant
Dollegowda (Minor represented by Father)
- respondent
Honnaiah
- respondent
Divisions Manager, Oriental Insurance Co Ltd
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- MFA/364/2014
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