The High Court allowed an appeal by a minor motor accident claimant partly, awarding additional compensation of Rs. 40,000 under the head of loss of amenities.
Additional compensation of Rs. 40,000 under the head of loss of amenities with interest at 6% per annum from the date of the petition to realization.
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:21210 MFA No. 6415 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 6415 OF 2016 (MV-I)
BETWEEN:
MASTER ADITHYA M, S/O MAHANTAPPA C MAJJIGI, AGED ABOUT 15 YEARS, R/AT NO.87, SHANKARAPPA BUILDING, 1ST CROSS, KRISHNAIAHNA PALYA, INDIRANAGAR, BANGALORE – 560 038.
PETITIONER BEING A MINOR, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN HEREIN MAHANTAPPA C MAJJIGI, S/O CHANDRAPPA. …APPELLANT
Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA
(BY SRI. GURUDEVA PRASAD K T, ADVOCATE, THROUGH VIDEO CONFERENCE
AND:
NC: 2023:KHC:21210 MFA No. 6415 of 2016
I G MAIN, KASTURI NAGAR, BANGALORE-560043
…RESPONDENTS
(BY SRI. GEETHA RAJ ADVOCATE FOR R1 (THROUGH VIDEO CONFERENCE; R2 NOTICE D/W V/O DATED 05.03.2018)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED4.4.2015 PASSED IN MVC NO.4058/2014 ON THE FILE OF THE ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, MAYOHALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant challenging the judgment and award dated 04.04.2015 in MVC.No.4058/2014 passed by the Motor Accident Claims Tribunal and Addl. Judge, Court of Small Causes, Mayohall Unit, Bangalore, for seeking enhancement of compensation.
perused the records.
minor boy of aged 13 years and sustained fracture of mid shaft of right femur and other injuries. The Tribunal has awarded compensation of Rs.1,91,416/- by following the principle of law laid down by the Hon’ble Supreme Court in the case of Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd. ,1 .
1 AIR 2014 SC 736
what has been awarded by the Tribunal. The said compensation shall carry interest at the rate of 6% per annum from the date of petition till realization.
ORDER
ii. The impugned judgment and award dated 04.04.2015 in MVC.No.4058/2014 passed by the Motor Accident Claims Tribunal and Addl. Judge, Court of Small Causes, Mayohall Unit, Bangalore, is hereby modified to the extent that the appellant/claimant is entitled to additional compensation of Rs.40,000/- under the head loss of amenities along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal.
iii. No order as to costs.
iv. The appellant/claimant is not entitled for interest for the delay period of 392 days in filing the appeal.
Sd/JUDGE
PB List No.: 1 Sl No.: 8
1 issue framed by the court
Whether the compensation awarded by the Tribunal needs to be enhanced by adding an amount under the head of loss of amenities for a minor claimant.
Colour shows how this judgement treated each authority
Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd.Applied¶30
1 AIR 2014 SC 736 · Who else cites this
Master Adithya M
L & T General Insurance Co. Ltd.
Nanda Anjanappa Reddy
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
