Partly allowed

Kumar Manjunath S/O Late Holiyappa v. Nagappa S/O Irappa Barki

Karnataka HC11 Oct 2023MFA/101636/2016

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenged the compensation quantum awarded in a motor accident injury case. The High Court observed the previous award was on the lower side and enhanced the total compensation to Rs. 4,79,568 with interest, allowing the appellant's claim in part.

What did the court decide?

Enhanced total compensation of Rs. 4,79,568 plus interest at 6% per annum from the date of the petition till realization.

Kumar Manjunath S/O Late Holiyappa Vs Nagappa S/O… — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC-D:12231 MFA No. 101636 of 2016

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF OCTOBER 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.101636/2016(MV-I)

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BETWEEN

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KUMAR MANJUNATH S/O LATE HOLIYAPPA BARKI, AGE:17 YEARS, OCC: STUDENT, R/O: SANGUR SINCE MINIOR R/BY HIS NATURAL MOTHER M/G PUSHPA W/O HOLIYAPPA BARKI, AGE:38 YEARS, OCC. COOLIE WORK, KONANATAMBAGI, TQ: RANEBENNUR, DIST: HAVERI – 581 115.

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...APPELLANT

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(BY SRI HARSHAWARDHANA M. PATIL, ADVOCATE)

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AND

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1 . NAGAPPA S/O IRAPPA BARKI, AGE:MAJOR, OCC: BUSINESS,

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R/O: KONANATAMBIGI VILLAGE IN RANEBENNUR TALUK, AND HAVERI DISTRICT. (OWNER OF THE VEHICLE BEG.NO. KA.21/6632)- 581 115.

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Digitally signed by SUJATA SUBHASH PAMMAR

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2 . THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., ENKAY COMPLEX, KESHWARPUR, HUBBALLI. (INSURER OF THE VEHILC BEG.NO.KA21/66332), TQ: HUBBALLI, DIST: DHARWAD – 580 023.

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…RESPONDENTS

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(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2; R1 IS SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, AGAINST JUDGMENT AND AWARD DTD: 11.01.2016, PASSED IN MVC.NO.527/2010 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND MACT, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2023:KHC-D:12231 MFA No. 101636 of 2016

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THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.09.2023, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY THE COURT DELIVERED THE FOLLOWING JUDGMENT.

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JUDGMENT

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This appeal is filed by the claimant challenging the judgment and award dated 11.01.2016 passed in MVC.No.527/2010 by the Prl. Senior Civil Judge & MACT, Ranebennur, seeking enhancement of compensation.

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Heard the arguments and perused the material

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placed before the Court.

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The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.

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In the present case, from the medical evidence

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on record it is proved that the claimant had suffered the following injuries:

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i. Abrasion over the right side of the abdomen meas 4x3 cms, skin deep, irregular in shape.

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3 - NC: 2023:KHC-D:12231 MFA No. 101636 of 2016

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ii. Abrasion over the right forearm, 3 cms below elbow joint, eas 10x5 cms, skin deep, irregular in shape, reddish black in colour, aged of 12 years.

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iii. Diagnostic laparoswapy shows rupture of urethra X-ray hip joint shows no fracture and dislocation.

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The tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and suffering.	50,000/-
2.	Medical expenses.	1,29,568/-
3.	Attendant charges	15,000/-
4.	Diet, conveyance & nourishment charges	10,000/-
5.	Loss of income during laid up period	NIL
6.	Loss of fracture earning capacity on account of permanent physical disability	40,500/-
7.	Loss of amenities and enjoyment	30,000/-
8.	Loss of education of life	20,000/-
	Total:	2,95,068/-

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Considering the nature of injuries sustained,

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compensation awarded by tribunal is lesser side.

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4 - NC: 2023:KHC-D:12231 MFA No. 101636 of 2016

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Therefore, the same is required to be enhanced by modifying the judgment and award.

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The claimant being a minor boy of 12 years had sustained the above stated injuries. The doctor has stated that the claimant had suffered 55% of physical disability. Therefore, considering the evidence of the doctor, 25% of physical disability is taken into consideration. Therefore, in case of injuries sustained by minor children what would be compensation awarded is guided by the judgment of Hon’ble Supreme Court in the case of Master Mallikarjun vs. Divisional Manager, The National Insurance Co. Ltd.,¹

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Therefore, in the present case, the claimant had sustained physical disability at 25%. Hence, compensation awarded to the claimant under the various heads as following:

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1 AIR 2014 SC 736

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NC: 2023:KHC-D:12231 MFA No. 101636 of 2016

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Head Compensation amount
Pain and suffering already Rs.3,00,000
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.
Discomfort, inconvenience and loss Rs.25,000/-
of earnings to the parents during
the period of hospitalization.
Medical and incidental expenses Rs.1,29,568/-
during the period of hospitalization
for 58 days.
Future medical expenses for Rs. 25,000
correction of the mal union of
fracture and incidental expenses for
such treatment.
Total Rs.4,79,568/-

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Therefore, the claimant is awarded a total

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compensation of Rs.4,79,568/as against the compensation awarded by the Tribunal at Rs.2,95,068/-. Hence, the claimant is entitled for enhanced compensation of Rs.1,84,500/- (Rs.4,79,568/- - Rs.2,95,068/-) along

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with interest at 6% per annum from the date of filing of the petition till realization.

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NC: 2023:KHC-D:12231 MFA No. 101636 of 2016

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In the result, I proceed to pass the following:

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ORDER

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i) The appeal is allowed in part .

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ii) The judgment and award dated

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11.01.2016 passed in MVC.No.527/2010 by the

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Prl. Senior Civil Judge & MACT, Ranebennur, stands modified.

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iii) The claimant is entitled for total compensation of Rs.1,84,500/- along with interest at the rate of 6% p.a. from the date of petition till its realization.

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iv) The claimant is not entitled for interest for the delayed period of 25 days in filing the appeal.

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v) The insurance company shall deposit the amount within a period of eight weeks from

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the date of receipt of a copy of this judgment.

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