Partly allowed

Bhoomika Singh G v. Sri G MD Azamathulla

Karnataka HC19 Jun 2023MFA/5241/2012

Case brief

AI extract

What is this about?

In a First Appeal under Section 173(1) of the Motor Vehicles Act, this single bench enhanced the compensation awarded to a minor claimant for injuries sustained in a motor vehicle accident, applying the Mallikarjun precedent to calculate injury-related heads.

What did the court decide?

Appellant is entitled to enhanced compensation of Rs. 1,29,000 along with 6% interest per annum from the date of petition till realization.

Bhoomika Singh G Vs Sri G MD Azamathulla — Medical Negligence | Karnataka HC (2023)

¶1

NC: 2023:KHC:21157 MFA No. 5241 of 2012

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 19^TH DAY OF JUNE, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5241 OF 2012(MV-I)

¶7

BETWEEN:

¶8

BHOOMIKA SINGH G, D/O GOPALAKRISHNA SINGH, AGED ABOUT 12 YEARS, SINCE MINOR REP. BY HER MOTHER PUSPASINGH, R/AT NO.365, VINAYAKA NAGAR, GUDIBANDE – 561 209, CHIKKABALLAPURA DISTRICT.

¶9

…APPELLANT

¶10

(BY SRI. RAVISHANKAR, ADVOCATE)

¶11

AND:

¶12

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

¶13

SRI. G. MD. AZAMATHULLA, S/O SHAVALI, G.M.S. BUS OWNER, VRAAKONDA, ANANTHPUR DISTRICT, ANDRAPRADESH STATE – 533 559.

¶14

UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, NO.25, 2^ND FLOOR, SHANKARANANDA BUILDING, M.G.ROAD, BANGALORE – 560 001.

¶15

…RESPONDENTS

¶16

(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2; R1 – NOTICE DISPENSED WITH VIDE ORDER DATED 04.04.2018)

¶17

2 - NC: 2023:KHC:21157 MFA No. 5241 of 2012

¶18

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2012 PASSED IN MVC NO.833/2010 ON THE FILE OF THE IX ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶19

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

¶20

JUDGMENT

¶21

This appeal is filed by the claimant challenging the judgment and award passed by the IX Additional Senior Civil Judge, Small Causes Court, Bengaluru, in MVC No.833/2010 dated 19.01.2012, for seeking enhancement of compensation.

¶22

Brief facts of the case are as under:

¶23

Appellant/claimant has contended that on

¶24

31.12.2008 at bout 15.40 hours claimant was proceeding as passenger in a Bus bearing Registration No.AP.02 T.2286 being driven by its driver on Peresanda-Gudibande Road with high speed in a rash and negligent manner. When the said bus reached Ammani Bayarasagara Tank,

¶25

3 - NC: 2023:KHC:21157 MFA No. 5241 of 2012

¶26

driver lost control over the vehicle and bus fell into back side water of the said tank. Appellant/claimant further contended due to terrific impact she has sustained grievous injuries. Claimant has further contended that accident has occurred solely due to negligent driving of offended vehicle by its driver, respondent No.1 being the owner, respondent No.2 being the insurer of the offended vehicle are jointly and severally liable to pay the compensation. Hence, she prays to award compensation.

¶27

Heard arguments from both sides and perused the records.

¶28

In the present case, the claimant is a minor girl

¶29

aged 10 years old had sustained the following injuries:

¶30

Swelling and Tenderness over right elbow joint.

¶31

Lacerated wound over right forearm.

¶32

Head injury and other grievous injuries all over the body.

¶33

4 - NC: 2023:KHC:21157 MFA No. 5241 of 2012

¶34

The Tribunal has granted the compensation of

¶35

Rs.46,000/- which is on the lesser side. The claimant had suffered fracture of right elbow joint and other grievous injuries. Doctor had stated that the claimant had suffered 30% physical disability towards right hand and 12% whole body disability. The percentage of physical disability stated by the doctor is little bit exorbitant one. Therefore, it can be considered that the claimant had suffered physical disability towards whole body lesser to 10%. Since the claimant is a minor girl, by following the judgment of the Hon'ble Apex Court in the case of MALLIKARJUN VS.

¶36

DIVISIONAL MANAGER, NATIONAL INSURANCE

¶37

COMPANY LIMITED AND ANOTHER reported in (2014) 14 SCC 396, the claimant is entitled to compensation under various heads as follows:

¶38

Head	Compensation amount
Pain and suffering already undergone and to be suffered in future, mental	Rs. 1,00,000/-
and physical shock, hardship,
inconvenience,and discomforts,etc.,

¶39

5 - NC: 2023:KHC:21157 MFA No. 5241 of 2012

¶40

and loss of amenities in life on account of permanent disability. Discomfort, inconvenience and loss of Rs. 25,000/earnings to the parents during the period of hospitalisation. Medical and incidental expenses Rs. 25,000/during the period of hospitalisation 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. 1,75,000/-

¶41

Therefore, the claimant is entitled to total

¶42

compensation of Rs.1,75,000/- along with interest at the rate of 6% per annum from the date of petition till realization.

¶43

Accordingly, I proceed to pass the following:

¶44

ORDER

¶45

i. The appeal is allowed-in-part .

¶46

ii. The judgment and award passed by the Tribunal in MVC No.833/2010 dated

¶47

- 6 - NC: 2023:KHC:21157 MFA No. 5241 of 2012

¶48

19.01.2012 by the IX Additional Senior Civil Judge, Small Causes Court, Bengaluru, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,29,000/- (1,75,000 - 46,000) along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

¶49

iii. Costs made easy.

¶50

iv. Ordered accordingly.

¶51

v. The other observations and findings of the Tribunal are kept in tact.

¶52

Sd/JUDGE

¶53

¶54

List No.: 1 Sl No.: 11

Bhoomika Singh G v. Sri G MD Azamathulla

Case brief

What is this about?

What did the court decide?

Bhoomika Singh G v. Sri G MD Azamathulla

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. N.P. Padma W/O S. Manjunath Vs Smt. Kavitha M. W/O Mohan Velu V.M.

Sri Chandrashekar S/O B. Rajanna Vs Sri K S Narayanappa

Shyamala v. Nayak @ Latha Nayak Vs Usman

National Insurance Co. Ltd. Vs Sri N P Santhosh @ Santhosh

Venkatesha Vs Ajaysharma

Smt Doddamma Vs the Executive Officer