A four-year-old claimant injured when a motorcycle dashed against her appealed for enhancement of compensation awarded by the MACT Bengaluru. The High Court enhanced compensation from Rs.100,000/- to Rs.140,000/- with 6% interest and allowed the insurer to recover from the owner.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 4292 OF 2020 (MV)
BETWEEN:
BABY MANASA D/O RAVI KUMAR AGED ABOUT 4 YEARS SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI.RAVI KUMAR S/O KRISHNAPPA AGED ABOUT 40 YEARS R/O BENAVARA VILLAGE VALLAGEREPURA POST AMURTHUR HOBLI KUNGIAL TALUK-572130.
…APPELLANT
(BY SRI. H D SOMESHA, ADVOCATE FOR SRI. RAJARAMA S, ADVOCATE)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. MANJULA N TEJASWI .,ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH V/O DATED:17.04.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 30.07.2019 PASSED IN MVC NO. 7221/2017 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, M.A.C.T., BENGALURU CITY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
rash and negligent manner, dashed to the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimant, in order to prove the case, examined himself as PW-1 and another witness as PW-2 and got exhibited documents namely Ex.P1 to Ex.P16. On behalf of the respondents, two witnesses were examined as RWs-1 and 2 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.100,000/-
along with interest at the rate of 7% p.a. and directed the Insurance Company to deposit the compensation amount along with interest *with liberty to recover from the owner . Being aggrieved, the present appeal has been filed.
that as per wound certificate, the claimant has sustained left shaft of femur. She was treated as inpatient for a period of 20 days. The claimant has produced medical bills
at Ex.P-11 amounting to Rs.23,836/-. She has suffered lot of pain during treatment. Considering the same, the total compensation awarded by the Tribunal is on the lower side. Hence, he sought for allowing the appeal.
due to rash and negligent riding of the offending vehicle by its rider.
11. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part .
b) The judgment of the Claims Tribunal is modified.
Sd/(H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the compensation awarded by the Tribunal to a minor injured in a motorcycle accident should be enhanced beyond Rs.100,000/-.
Colour shows how this judgement treated each authority
Ms. Joyeeta BoseFollowed¶11
'MS.JOYEETA BOSE' (supra)
3 provisions across 1 enactments
Baby Manasa (minor, rep. by father Ravi Kumar)
Sri Lakshmana Gowda B.N
United India Insurance Company Ltd.
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
