Master Mithun v. Shri. Shivakumar K
Case brief
What is this about?
In this Motor Vehicles First Appeal, the High Court addressed the appellant's challenge against the compensation awarded for a minor's injuries. While affirming the Tribunal's award largely based on Master Mallikarjun, the Court enhanced the compensation by Rs. 40,000 considering the child's age and specific losses, including parental lost income.
What did the court decide?
Additional global compensation of Rs. 40,000 awarded along with interest at 6% per annum.
What the court decided
- 1 -
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8176 OF 2018 (MV-I)
BETWEEN:
MASTER MITHUN AGED ABOUT 7 YEARS, C/O DORI SWAMY BUILDING, NEAR CHICKEN CENTRE, DOCTORS LAYOUT, NAGANATHAPURA, ELECTRONIC CITY POST, BENGALURU-560100.
SINCE HE IS MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER SRI SANTHOSH NAIK, 31 YEARS, S/O MANJA NAIK. R/AT NO.25, KOMMARAGHATTA, ARASIKERE (T) HASSAN-573 103.
Digitally …APPELLANT signed by PAVITHRA B Location: (BY SRI. B N NAGARAJA., ADVOCATE) High Court of Karnataka AND:
- SHRI. SHIVAKUMAR K S/O KALAPPA, AGED ABOUT 21 YEARS, R/AT NO.59, NAGANATHAPURA EXTN., NEAR OM SAKTHI TEMPLE, HOSUR MAIN ROAD,
- 2 -
Issues for consideration
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claim Tribunal in respect of a minor victim requires enhancement.
Whether additional compensation should be granted for loss of income of parents during the treatment and laid-up period and for other heads of claim.
Parties & counsel
- appellant
Master Mithun (Minor, represented by Santosh Naik)
- respondent
Shri. Shivakumar K
- respondent
The New India Assurance Co. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- MFA/8176/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court