Partly allowed

Master Tharun v. Sri M N Ramachandrashetty

Karnataka HC25 Nov 2022MFA/5606/2018

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award enhancing compensation for a minor injured in a road accident. Court revised notional income, enhanced compensation for future prospects, amenities, pain/suffering, and conveyance. Interest allowed at 6% p.a.

What did the court decide?

Enhanced total compensation of Rs.6,61,686/- with interest at 6% per annum from the date of petition until realization.

Master Tharun Vs Sri M N Ramachandrashetty — Motor Accident Claims | Karnataka HC (2022)

¶1

¶2

MFA No. 5606 of 2018

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 25^TH DAY OF NOVEMBER, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5606 OF 2018 (MV-I)]

¶7

BETWEEN:

¶8

MASTER THARUN S/O SRI LAKSHMIKANTH AGED ABOUT 17 YEARS, NATURAL GUARDIAN FATHER SRI LAKSHMIKANTH S/O SRI H S LAKSHMAIAH AGED ABOUT 49 YEARS, RESIDING AT BEHIND SAIBABA TEMPLE, G K MALLAPPA LAYOUT TIPTUR TOWN-570001.

¶9

…APPELLANT

¶10

Digitally signed by PAVITHRA B Location: High Court of Karnataka

¶11

(BY SRI. NAIK N R.,ADVOCATE)

¶12

AND:

¶13

SRI M N RAMACHANDRASHETTY S/O SRI N NARAYANAPPA AGED ABOUT 75 YEARS, RESIIDING AT SHIRALAKOPPA TOWN SHIKARIPURA TALUK, SHIMOGA DISTRICT-57301.

¶14

¶15

MFA No. 5606 of 2018

¶16

THE BRANCH MANAGER

¶17

THE UNITED INSURANCE COMPANY LTD., J C ROAD, SAGAR SHIMOGA DISTRICT-57301.

¶18

…RESPONDENTS

¶19

(BY SRI. JANARADHAN REDDY, ADVOCATE FOR R2, R1-NOTICE DISPENSED WITH V/O DATED:13/10/2022)

¶20

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07/01/2017, PASSED IN MVC NO.1237/2008, ON THE FILE OF THE SENIOR CIVIL JUDGE & XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶21

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶22

JUDGMENT

¶23

The present appeal is filed by the appellant/claimant challenging the judgment and award dated 07.01.2017 in MVC.No.1237/2008 passed by the Senior Civil Judge and XIV MACT, Tiptur, for seeking enhancement of compensation.

¶24

¶25

MFA No. 5606 of 2018

¶26

Brief facts of the case are that, on 13.03.2008 the claimant was playing near Saibaba Temple Street, Tiptur with other children beside the 1^st

¶27

cross, Saibaba Road. At that time, a Maruthi Omni bearing Reg.No.KA-15-3741 driven by its driven in a rash and negligent manner in a rash and negligent manner in a high speed came from NH.206 dashed to the claimant and ran over the head of the claimant. Due to which, the claimant sustained grievous injuries.

¶28

Heard the arguments from both sides and perused the records.

¶29

The Tribunal has awarded the compensation

¶30

under various heads as follows:

¶31

1	Loss of income & future income	Rs.	1,68,750/-
2	Conveyance, nourishment, food & attendant charges	Rs.	15,000/-
3	Injury, pain and sufferings	Rs.	38,000/-

¶32

¶33

MFA No. 5606 of 2018

¶34

4	Disfigurement of face	Rs.	50,000/-
5	Medical expenses	Rs.	1,07,686/-
	TOTAL	Rs.	3,79,436/-

¶35

As per the medical evidence and doctor’s evidence, the appellant/claimant has sustained the

¶36

following injuries:

¶37

i) Posterior dislocation of right hip

¶38

ii) Head injury with CSF otorrhea

¶39

iii) Diffuse bilateral retinal oedema haemorrhages post traumatic

¶40

Also multiple abrasions wound on the face, left shoulder, right leg, both eyes are swelling.

¶41

The claimant has suffered grievous injuries as above stated. As the claimant is aged 7 years as on the date of the accident, the appropriate multiplier applicable is 18. The Tribunal has taken the disability at 75%, which

¶42

is found to be correct. The Tribunal has taken the income

¶43

¶44

MFA No. 5606 of 2018

¶45

at Rs.15,000/- p.a., which is on the lesser side. Therefore, notional income has to be taken at Rs.30,000/- p.a. Hence, compensation under the head loss of future prospects in life including loss of income due to disability is re-assessed and quantified as follows:

¶46

Rs.30,000/- x 75% x 18 =Rs.4,05,000/-

¶47

Accordingly, compensation of Rs.4,05,000/- is awarded under the head loss of future prospects in life including loss of income due to disability.

¶48

The compensation of Rs.38,000/- awarded under the head injury, pain and suffering is on the lesser side and the same is enhanced to Rs.50,000/- .

¶49

The compensation of Rs.1,07,686/- awarded

¶50

under the head medical expenses is as per the actual bills produced, which needs no interference. Hence, it is kept in tact.

¶51

¶52

MFA No. 5606 of 2018

¶53

The compensation of Rs.15,000/- awarded under the head conveyance, nourishment, food & attendant charges is on the lesser side and the same is enhanced to

¶54

Rs.25,000/- .

¶55

The Tribunal has not awarded compensation under the head loss of amenities. Accordingly, compensation of Rs.50,000/- is awarded under the head loss of amenities.

¶56

The claimant being a minor has suffered the above stated injuries and he was admitted in several hospitals as inpatient. Hence, compensation of Rs.24,000/- is awarded under the head loss of income of parents during treatment period.

¶57

Thus, in all, the appellant/claimant is entitled to the compensation as follows:

¶58

7 - MFA No. 5606 of 2018

¶59

1	loss of future prospects in life including loss of income due to disability	Rs.	4,05,000/-
2	Injury, pain and sufferings	Rs.	50,000/-
3	Medical expenses	Rs.	1,07,686/-	Kept in tact
3	Conveyance, nourishment, food & attendant charges	Rs.	25,000/-
4	Loss of amenities	Rs.	50,000/-
5	Loss of income of parents during treatment period	Rs.	24,000/-
	TOTAL	Rs.	6,61,686/-

¶60

The Tribunal has awarded compensation of Rs.3,79,436/-, but the appellant/claimant is entitled to total compensation of Rs.6,61,686/- . Hence, the appellant/claimant is entitled to enhanced compensation of Rs.2,82,250/- (Rs.6,61,686/Rs.3,79,436/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,82,250/- along with interest at the rate of 6% per annum from the date of petition till the

¶61

¶62

MFA No. 5606 of 2018

¶63

date of realization, in addition to what has been awarded by the Tribunal.

¶64

Accordingly, I proceed to pass the following:

¶65

ORDER

¶66

Appeal is allowed-in-part .

¶67

The impugned judgment and award dated 07.01.2017 in MVC.No.1237/2008 passed by the Senior Civil Judge and XIV MACT, Tiptur, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.2,82,250/- along with the rate of interest at 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

¶68

Draw award accordingly.

¶69

No order as to costs.

¶70

¶71

MFA No. 5606 of 2018

¶72

The appellant/claimant is not entitled for interest for the delay period of 456 days in filing the appeal.

¶73

Sd/JUDGE

¶74

¶75

List No.: 1 Sl No.: 34

Master Tharun v. Sri M N Ramachandrashetty

Case brief

What is this about?

What did the court decide?

Master Tharun v. Sri M N Ramachandrashetty

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Rohith Shetty Vs Sathyanada

Sri. Venkatareddy Vs Mr. Venkatashivareddy

Master Vinod Vs Mr. Venkatashivareddy

The Oriental Insurance Co. Ltd., Vs Sri. Bheemarajaiah

Ramappa Vs Arun Kumar

The Branch Manager Vs Smt Gowramma