Partly allowed

Sri. Veeresh v. Sri Nagaraja T H

Karnataka HC10 Dec 2024MFA/1948/2019

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenged a judgment awarding compensation for the death of a minor boy. The High Court enhanced compensation for minors, directed a cumulative fixed deposit for parents until age 60, mandated medical insurance, and allowed the appeal in part.

What did the court decide?

Compensation enhanced; medical insurance policy of Rs.10 lakhs directed; accumulated amount to be paid when parents attain age of 60 years.

Sri. Veeresh Vs Sri Nagaraja T H — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:51086 MFA No. 1948 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 1948 OF 2019

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(MV-D)

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BETWEEN:

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SRI. VEERESH S/O.N HANUMANTHAPPA, AGRICULTURIST.

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LALITHAMMA D/O. VEERESH, AGED ABOUT 13 YEARS,

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RANJITHA D/O. VEERESH, AGED ABOUT 9 YEARS,

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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APPELLANTS NO. 2 AND 3 ARE MINORS REPRESENTED BY APPELLANT NO.1- FATHER R/AT BHOGELARAHATTI, CHIKKAGONDANAHALLI POST, TURUVANUR HOBLI, CHITRADURGA TALUK AND DISTRICT

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…APPELLANTS

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(BY SRI. B.M.SIDDAPPA., ADVOCATE)

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AND:

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SRI NAGARAJA T H S/O. HARAVE GOWDA, AGED ABOUT 23 YEARS, R C OWNER OF LORRY BEARING, NO. KA-51/A-3651, R/AT NO. 7TH CROSS, KANTEERAVA NAGAR,

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2 - NC: 2024:KHC:51086 MFA No. 1948 of 2019

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BANGALORE 560096.

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THE BRANCH MANAGER BRANCH OFFICE, ROYAL SUNDARAM, GENERAL INSURANCE CO LTD, NO. 133, 3^RD FLOOR, SHIKA TOWER, RAMVILAS ROAD, MYSORE 570024.

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SMT. ANJINAMMA D/O. VADDER HANUMANTHAPPA, AGED ABOUT 42 YEARS, R/AT YARADAKATTE VILLAGE, SOKKE POST, JAGALUR TALUK, DAVANAGERE.

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…RESPONDENTS (BY SRI. RAVI.S.SAMPRATHI., ADVOCATE FOR R-2; SRI. R.SHASHIDHARA., ADVOCATE FOR R-3; VIDE ORDER DATED:07.02.2020, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.11.2018 PASSED IN MVC NO.903/2017 ON THE FILE OF THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, 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 N S SANJAY GOWDA

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3 - NC: 2024:KHC:51086 MFA No. 1948 of 2019

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ORAL JUDGMENT

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The claimants, who are the parents and siblings of a deceased minor boy-Mahesh, aged 5 years, are in appeal.

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This Court in MFA.11440/2011 c/w. MFA.206/2018 has laid down guidelines for payment of compensation to the parents of a minor who was killed in an accident.

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As per the said judgment, since the accident was of the year 2017 (as per Table - 3.2 of the said judgment), the parents would be entitled to a sum of Rs.13,21,460/-.

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However, appellants 2 and 3 (minors represented by their father appellant No.1), being siblings would be entitled to Rs.48,400/each towards loss of consortium, which shall be kept in fixed deposit in their names till they attain majority.

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NC: 2024:KHC:51086 MFA No. 1948 of 2019

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The said sums shall carry interest at the rate of 6% per annum from the date of the claim petition till the date of payment/deposit.

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The appellant No.1 (father) and respondent No.3 (mother) each would be entitled to 50% of the aforesaid sum.

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This sum shall be invested in a ‘Cumulative Fixed Deposit’ in a Nationalised bank of the choice of the parents till they attain the age of 60 years. The accumulated amount shall be paid to them thereafter.

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It is made clear that it will be open for the parents to approach the Tribunal and seek partial or complete withdrawal of the accumulated sum at any point in time by producing material or attendant circumstances which would satisfy the Tribunal that there is an overwhelming need of money for the parents.

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5 - NC: 2024:KHC:51086 MFA No. 1948 of 2019

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The insurer shall also issue a Medical Insurance

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Policy in the name of the parents to the extent of Rs.10 lakhs, which would come into effect from the date on which the parents attain the age of 60 years. An option to purchase an additional cover by the parents, at their own cost (popularly termed as “Topup Cover” by the insurers), shall also be provided.

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This appeal is, accordingly, allowed in part .

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Sd/(N S SANJAY GOWDA) JUDGE

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PKS List No.: 1 Sl No.: 36

Sri. Veeresh v. Sri Nagaraja T H

Case brief

What is this about?

What did the court decide?

Sri. Veeresh v. Sri Nagaraja T H

Case brief

What is this about?

What did the court decide?

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