Appellant sought enhancement of motor accident compensation for degloving injury. Court found slight disability higher than Tribunal's 7% estimate. Allowed appeal in part, adding Rs.40,000 to compensation.
Award increased by Rs.40,000/- with 6% p.a. interest; response to deposit compensation within four weeks.
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.
NC: 2023:KHC:23227 MFA No. 5273 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
MISCELLANEOUS FIRST APPEAL NO. 5273 OF 2017 (MV-I)
BETWEEN:
MASTER YUVARAJ D S, S/O SRI SWAMYGOWDA D.S, AGED ABOUT 10 YEARS, SINCE MINOR REP. BY HIS GUARDIAN MOTHER SMT.SUPRETHA, R/AT NO.108, 1ST GROUP, 4TH CROSS, KHB COLONY, MYSURU DIST-570 012.
…APPELLANT
(BY SRI P MAHADEVA SWAMY, ADVOCATE)
AND:
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
CHAMARAJA MOHALLA, MYSURU-43.
…RESPONDENTS
(BY SRI M ARUN PONNAPPA, ADVOCATE FOR R2 [PH]; NOTICE TO R1 IS D/W V/O DATED 07.1.2017 & 30.01.2020)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.12.2016 PASSED IN MVC NO.907/2015 ON THE FILE OF THE JUDGE, PRINCIPAL SMALL CAUSES AND MACT AT MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the petitioner through his guardian is directed against the judgment and award in MVC No.907/2015 passed by the learned Judge, Principal Court of Small Causes and MACT, Mysuru on 24-12-2016.
2. Brief facts of the case:
The petitioner through his guardian/mother
contended before the Tribunal that on 01.04.2015 at about 12.45 p.m., petitioner who was aged about 8 years was proceeding on the Motor Cycle bearing No.KA-02 ES-4902
along with his mother (petitioner in MVC.906/2015) as a pillion rider and they met with an accident near St. Joseph School, Hunsur-Mysuru Road, Yelawala, due to hit by driver of the Car bearing No. KA-03-MG-6887, resulting in petitioner and his mother falling down and sustained injuries. Immediately, he has been shifted to hospital for treatment wherein, he took treatment as an inpatient. It was contended that the petitioner was studying in 2nd Standard and due to accidental injuries, he could not attend his school and his career has affected. The accident took place due to rash and negligent driving of respondent No.1. The Respondent No.1 and 2 being the Owner-cum-Driver and Insurer of the offending vehicle respectively, are jointly and severally liable to pay the compensation to the petitioner.
compensation claimed is highly exorbitant, imaginary and untenable in law.
and got marked Exs.P1 to 21. Respondents did not adduce
any oral evidence, but marked the copy of the insurance policy as Ex.R1.
Divisional Manager, the National Insurance
Company Ltd. and another1 , the Tribunal has awarded a sum of Rs.1,00,000/- under the head of 'pain and sufferings, hardship in conveyance, discomforts etc., and amenities and also added the medical expenses and nourishment and miscellaneous expenses and awarded a total compensation of Rs.2,90,696/- under the following heads:
| 1. | Pain and suffering already undergone and to be suffered in future, mental and physical hock, hardship, inconvenience and discomforts etc., and loss of amenities in life on account of permanent disability. |
Rs.1,00,000/- |
|---|---|---|
| 2. | Medical Expenses | Rs.1,65,696/- |
| 3. | Nourishment and Miscellaneous Expenses |
Rs. 25,000/- |
| TOTAL | Rs.2,90,696/- |
1 (2014) 14 SCC 396
the vehicle insured with the respondent No.2 owned by respondent No.1 is not in dispute.
of the Apex Court in Master Mallikarjun's case and has rightly come to the conclusion that the petitioner is entitled for a sum of Rs.1,00,000/- and the Tribunal has added the medical expenses and other actual expenses
that might have been incurred by the injured, awarded the above compensation.
disbelieved the evidence of PW3 on the ground that he had not treated the petitioner, but has only assessed the disability. Under these circumstances, this Court finds that the circumstances fall little beyond the disability accepted by the Tribunal at 7%. Nodoubt, it might have attracted the disability as stated by PW3 provided he was a treated doctor. But however, it is slightly higher than the one considered by the Tribunal.
ORDER
(i) The appeal is allowed in part.
NC: 2023:KHC:23227 MFA No. 5273 of 2017
(ii) The impugned judgment and award passed by the Tribunal is modified by awarding a sum of Rs.40,000/-
in addition to what has been awarded by the tribunal together with interest at 6% p.a. from the date of petition till its realization.
(iii) The Insurance Company is directed to deposit the compensation amount with interest within four weeks from the date of the receipt of the copy of this order.
(iv) The rest of the conditions which are imposed by
the Tribunal regarding deposit and etc., remain unaltered.
Sd/JUDGE
tsn*
List No.: 1 Sl No.: 94
3 issues framed by the court
Whether the Tribunal erred in disbelieving the medical evidence regarding the extent of disability?
Whether the appellant is entitled to additional compensation for pain and suffering?
Whether the impugned award requires modification regarding the amount of compensation?
Colour shows how this judgement treated each authority
Master MallikarjunExplained¶36
Master Mallikarjun Vs. Divisional Manager, the National Insurance Company Ltd. and another 1 (2014) 14 SCC 396 · Who else cites this
Master Yuvraj D S
P Junu Ganapathi
The Manager, United India Insurance Co. Ltd.
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
