This is an appeal against a motor accident compensation judgment and award. The High Court enhanced the compensation awarded to the minor appellant from Rs.70,000 to Rs.1,75,000 based on the Supreme Court precedent Master Mallikarjun v. Divisional Manager.
Compensation enhanced to Rs.1,75,000 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 BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.10558/2018 (MV-I)
BETWEEN :
BABY KHUSHI S D/O SHIVAKUMAR A @ SHIVU AGED ABOUT 6 YEARS RESIDING AT: No.1040, NEW No.101, 3RD CROSS, PRAGATHIPURA KANAKAPURA MAIN ROAD, BENGALURU-560 078.
(SINCE THE APPELLANT MINOR REPRESENTED BY HER FATHER MR.SHIVAKUMAR A @ SHIVU S/O ANJANAPPA AS NATURAL GUARDIAN)
...APPELLANT
(BY SRI CHANDRA SHEKARAIAH B, ADVOCATE)
AND:
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NEAR SIDDHI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI-400 025.
REP. BY ITS REGIONAL MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, M.G.ROAD, SIVANCHETTI GARDENS, BENGALURU-560 042.
…RESPONDENTS
(BY SRI H N KESHAVA PRASHANTH, ADVOCATE FOR R2 1-NOTICE DISPENSED WITH V/O DTD. 25.02.2019)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.03.2018 PASSED IN MVC No.2531/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM & MEMBER, MACT, BENGALURU, (SCCH24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the appellant-claimant for challenging the judgment and award dated 31.03.2018 passed in MVC No.2531/2017 passed by the Court of XXII Additional Small Causes Judge and
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XX Additional Chief Metropolitan Magistrate & MACT, Bengaluru, seeking enhancement of compensation.
On 17.12.2016, at about 11.30 a.m., the minor
appellant was walking on the side of the road, at that time a motorcycle bearing Reg.No.KA-02-EG-9432 being riden by its rider in rash and negligent manner with high speed and dashed against the minor appellant. Due to the said impact, the minor appellant had sustained injuries. Since the appellant is a minor, she is represented by her father and filed a claim petition under Section 166 of MV Act seeking compensation. The Tribunal after appreciating the evidence on record, has awarded Rs.70,000/- along with interest at 8% p.a. from the date of petition till realization.
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compensation under the following heads:
| 1. | Pain and suffering | Rs. 20,000/- |
|---|---|---|
| 2. | Incidental charges like conveyance, attendant & nourished food |
Rs. 10,000/- |
| 3. | Discomfort, inconvenience & loss of earnings to the parents during the period of hospitalization |
Rs. 9,873/- |
| 4. | Loss of amenities of life and disability |
Rs. 20,000/- |
| Total | Rs. 69,873/- |
(rounded off to Rs.70,000/- )
is five years old girl and sustained fracture of both bone right leg Type 1 and the doctor was not examined. The Hon'ble Supreme Court in the case of
Master Mallikarjun v. Divisional Manager, The
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National Insurance Co. Ltd.1 was pleased to
observed in para No.12 as under :
“12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take different yardstick. In the instant case, the disability is to the tune of 18%. Appellant had a longer period of hospitalization for about two months causing also inconvenience and loss of earning to the parents. The appellant, hence, would be entitled to get the compensation as follows: -
| HEAD | COMPENSATIO N AMOUNT |
|---|---|
| Pain and suffering already undergone and to be |
Rs. 3,00,000/- |
| suffered in future, mental and physical |
|
| shock, hardship, |
|
| inconvenience, and |
|
| discomforts, etc., and | |
| loss of amenities in life |
1 AIR 2014 Supreme Court 736
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| on account of |
|
|---|---|
| permanent disability. |
|
| Discomfort, inconvenience and loss of earnings to the parents during the period of |
Rs. 25,000/- |
| hospitalization | |
| Medical and incidental expenses |
Rs. 25,000/- |
| during the period of | |
| hospitalization for 58 days. |
|
| Future medical expenses for correction of the mal union of |
Rs. 25,000/- |
| fracture and incidental expenses for such treatment. |
|
| TOTAL | Rs. 3,75,000/- |
| Therefore, in the present case, even though the
doctor has not been examined but considering that
the minor appellant has sustained fracture of both bones of right leg, it may be presumed that the minor appellant had suffered 10% of permanent physical disability towards whole body and accordingly, the compensation should be awarded. Therefore, a sum of Rs.1,00,000/- is awarded under the head 'pain and suffering' as followed in the aforesaid judgment of
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the Hon'ble Apex Court in the case of Master Mallikarjun stated supra, the compensation is awarded under the heads 'discomfort and inconvenience and loss of earnings to the parents during the period of hospitalization, medical and incidental expenses and future medical expenses at Rs.25,000/- each.
6. Thus, in all, this Court has determined the
compensation as follows:
|Pain and suffering already
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.
|Rs. 1,00,000/-
|
|---|---|
|Discomfort, inconvenience and loss
of earnings to the parents during
the period of hospitalization|
Rs. 25,000/-|
|Medical and incidental expenses
during
the
period
of|Rs. 25,000/-|
|hospitalization for 58 days.
||
|Future medical expenses for
correction of the mal union of
fracture
and
incidental
expenses for treatment.|Rs. 25,000/-|
|Total|Rs. 1,75,000/-|
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Hence, the appellant-claimant is entitled for
total enhanced compensation of Rs.1,75,000/- as against Rs.70,000/- awarded by the Tribunal and the appellant is entitled for an additional compensation of Rs.1,05,000/- (Rs.1,75,000 - Rs.70,000/-), along with interest at the rate of 6% per annum from the date of petition till the date of realization.
ORDER
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interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.
Sd/JUDGE
SSD
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal was excessive considering the minor appellant's disability and future needs.
What is the appropriate compensation for a minor with a 10% permanent disability under Motor Vehicle Act claims?
Colour shows how this judgement treated each authority
Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd.Followed¶39
Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd. 1 AIR 2014 Supreme Court 736 · Who else cites this
2 provisions across 1 enactments
BABY KHUSHI S D/O SHIVAKUMAR
MR. CHETAN RAJ N S/O NANJUNDAIAH
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
