Partly allowed

Kumari Monika v. Shri Ravi Nayaka

Karnataka HC11 Sept 2024MFA/1220/2020

Case brief

AI extract

What is this about?

A child claimant who lost one kidney in a road accident appealed enhancement of compensation from Rs.3,00,000 awarded by the Tribunal. Relying on a similar case, the High Court enhanced compensation to Rs.10,00,000 with interest and directions on deposit and release.

What did the court decide?

Compensation enhanced from Rs.3,00,000 to Rs.10,00,000 with 6% interest; structured deposit/release directions for the minor claimant.

Kumari Monika Vs Shri Ravi Nayaka — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:37266 MFA No. 1220 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1220 OF 2020 (MV)

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BETWEEN:

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KUMARI MONIKA DAUGHTER OF RAVINAYAKA AGED ABOUT 5 YEARS RESIDING AT LINGOODANAHALLI VILLAGE BANAVARA HOBLI, ARASIKERE TALUK KURUVANKA POST, HASSAN DISTRICT. SINCE MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SHRI. RAVINAYAKA S/O KRISHNANAYAKA AGED ABOUT 36 YEARS RESIDING AT LINGOODANAHALLI VILLAGE BANAVARA HOBLI, ARASIKERE TALUK KURUVANKA POST, HASSAN DISTRICT. R/O C/O SATYAKUMAR, R.C. ROAD GOPALASWAMY COMPOUND HASSAN. Digitally signed by HEMALATHA A …APPELLANT Location: HIGH (BY SRI. CHETAN DESAI.,ADVOCATE) COURT OF KARNATAKA

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AND:

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SHRI RAVI NAYAKA S/O RANGASWAMY NAYAKA MAJOR IN AGE RESIDING AT LINGOODANAHALLI VILLAGE BANAVARA HOBLI, ARASIKERE TALUK KURUVANKA POST, HASSAN DISTRICT.

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THE MANAGER CHOLAMANDALAM M S GENERAL

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NC: 2024:KHC:37266 MFA No. 1220 of 2020

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INSURANCE COMPANY LTD., NO.59, C CROSS, RAJAJINAGARA BANGALORE.

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…RESPONDENTS

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(BY SRI.H.S. LINGARAJU., ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH V/O DATED: 05.04.2023)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 22.07.2019 PASSED IN MVC NO.355/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL JUDGMENT

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This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 22.07.2019 passed by the III Additional District Judge and MACT, Hassan (hereinafter referred to as ‘the Tribunal’) in MVC No.355/2017.

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Facts giving rise to the filing of the appeal briefly stated are that on 13.09.2016 at about 10.00 a.m. in front of the house of the claimant, she was playing, at that

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time, a Tata Ace bearing registration No.KA-13/B-8044 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that she spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.

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Upon service of notice, the respondent Nos.1 and 2 appeared through counsel and filed separate written statements denying the averments made in the claim petition.

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On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case,

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examined her father as PW-1, and Dr.Deepak was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P13. On behalf of the respondents, one witness was examined as RW-1 and got exhibited documents namely Ex.R1 to Ex.R3. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.3,00,000/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

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The learned counsel for the claimant submits that at the time of the accident the claimant was aged about 3 years. Due to the accident, she lost one kidney. The doctor has been examined as PW2. In his evidence, he has deposed that the claimant has lost one kidney and

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she has to leave her further life only with one kidney. Therefore, the compensation awarded by the Tribunal is on the lower side. He submits that, in similar circumstances, this Court has awarded a compensation of Rs.10,00,000/-. In support of his contentions, he relied on the judgment of this Court in the case of

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KUM.GNANASHREE vs. THE UNITED INDIA

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INSURANCE CO. LTD. (MFA No.3455/2013 C/w.MFA No.3367/2013 disposed of on 04.02.2020). Hence, he sought to allow the appeal.

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On the other hand, the learned counsel for the Insurance Company submits that at the time of the accident the claimant was a minor, a non-earning member of the family. In such circumstances, the Apex Court in the case of MASTER MALLIKARJUN vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD.

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AND ANOTHER reported in (2014) 14 SCC 396, held that, in case the disability is less than 30%, the compensation has to be awarded at Rs.3,00,000/-.

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Considering the same, the Tribunal has rightly awarded the compensation. Hence, he sought to dismiss the appeal.

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Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.

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It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 13.09.2016 due to rash and negligent driving of the offending vehicle by its driver.

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At the time of the accident the claimant was aged about 3 years. She was a minor, a non-earning member of the family. Due to the accident, the claimant suffered the following injuries:

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“(i) External wound: Abrasion left arm, fore arm and hand volar and dorsal aspect, abrasion over left herrifaial region, below skin.

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(ii) On CT scan of abdomen:, Hemopeifoneum – moderate; Splenic contusion – upper pole region; completely unenhanced left kidney c/o. renal ischernia.”

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The doctor has been examined as PW2. In his evidence, he has deposed that, due to the accidental injury, the claimant has suffered loss of kidney functioning and she lost one kidney. As the child lost one kidney, she has to live further life with only one functioning kidney.

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In similar circumstances, this Court in the case of KUM.GNANASHREE (supra) has granted a compensation of Rs.10,00,000/-, where a minor child aged 4 years lost one kidney. In view of the above, I am of the opinion that, in this case also, the claimant is entitled to compensation of Rs.10,00,000/-.

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In the result, the following order is passed:

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ORDER

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(i) The appeal is allowed in part.

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(ii) The judgment of the Claims Tribunal is modified.

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(iii) The claimant is entitled to a total compensation of

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Rs.10,00,000/- as against Rs.3,00,000/- awarded by the Tribunal.

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(iv) The Insurance Company is directed to deposit the compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of a copy of this judgment.

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(v) After deposit by the Insurance Company, it is ordered that, Rs.1,50,000/- shall be kept in FD in the name of the minor claimant in any nationalized bank, till she attains majority.

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(vi) It is further ordered that, Rs.5,00,000/- shall be kept in FD, in the name of the minor claimant, for a period of 12 years, in any nationalized bank and the interest accrued thereon shall be paid as premium towards Mediclaim Policy of the claimant and the remaining interest amount shall be utilized for the welfare of the claimant, in the eventuality of kidney transplantation to the minor claimant.

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(vii) It is further ordered that the remaining balance of Rs.3,50,000/- shall be released in favour of the father

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of the claimant, to take care of the welfare of the child,

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after due verification.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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