Allowed

Hamza Sajid Ahmed v. C John George

Karnataka HC4 Mar 2024MFA/4521/2018

Case brief

AI extract

What is this about?

The High Court allowed the first appeal filed by a minor's guardian against an accident claim award. The court remanded the matter to the lower trial court, allowing parties to adduce evidence specifically regarding the disability sustained by the minor claimant, before deciding on compensation enhancement.

What did the court decide?

The appeal is allowed; the matter is remanded back to the court below to consider disability evidence.

Hamza Sajid Ahmed Vs C John George — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:9040 MFA No. 4521 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4521 OF 2018

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(MV-I)

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BETWEEN:

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HAMZA SAJID AHMED S/O SAJID AHMED AGED ABOUT 13 YEARS,

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SINCE MINOR REP BY HIS FATHER & NATURAL GUARDIAN SRI SAJID AHMED S/O ABDUL SATTAR

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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R/AT NO. 84, N.A.L.LAYOUT EAST END MAIN ROAD, NEAR CARMEL CONVENT SCHOOL JAYANAGAR 4TH T BLOCK, BENGALURU - 560 041.

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(BY SRI. KAILAS SHANKAR P S.,ADVOCATE)

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AND:

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…APPELLANT

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C JOHN GEORGE S/O GEORGE C.L., NO.52, CHANDRA REDDY LAYOUT 1ST B MAIN, VIVEKNAGAR BENGALURU - 560 047.

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ICICI LOMBARD GENERAL INSURANCE CO LTD., REGIONAL OFFICE NO.89, 2ND FLOOR

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NC: 2024:KHC:9040 MFA No. 4521 of 2018

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S.V.R.COMPLEX HOSUR MAIN ROAD, MADIWALA BENGALURU - 560 068.

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…RESPONDENTS

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(BY NOTICE TO R1 IS D/W; SRI. B.C. SHIVANNE GOWDA.,ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED03.06.2017 PASSED IN MVC NO.1874/2015 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND MACT, BENGALURU [SCCH-11], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the award passed in

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MVC.No.1874/2015 dated 03.06.2017 passed by the MACT, Bangalore (SCCH-11) whereby the court below had granted compensation of an amount of Rs.5,40,000/-, the appellant-claimant is before this court seeking enhancement of the compensation.

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Learned counsel for the appellant submits that he

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had suffered an injury to spleen which will have serious impact on the life of the minor, but the court below has mechanically applied the Judgment of Master Mallikarjun

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NC: 2024:KHC:9040 MFA No. 4521 of 2018

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-Vs- Divisional Manager, The National Insurance Co.

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Ltd.,¹ case and granted the compensation of an amount of Rs.5,40,000/-.

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Learned counsel appearing for the respondent

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submits that inspite of there being no evidence with regard to the disability, still the court below had applied

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the law laid down by the Hon'ble Apex Court in Mallikarjun's case referred supra and he submits that, he is not entitled for any enhancement.

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In this case, according to the learned counsel for the appellant, claimant had sustained disability.

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Unfortunately there is no material on record to show what is the disability sustained by the claimant. Considering the injuries sustained by the claimant, who is aged about 11 years as on the date of the incident, this court deems it appropriate to remand back the matter to the court below

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1 AIR 2014 Supreme Court 736

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NC: 2024:KHC:9040 MFA No. 4521 of 2018

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by giving liberty to the parties to adduce evidence with regard to the disability.

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Accordingly, the appeal is allowed by setting aside the awarded passed MVC.No.1874/2015 dated 03.06.2017

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and matter is remanded back to the MACT, Bangalore

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(SCCH-1) for consideration on the following points:

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ORDER

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i. The Appeal is allowed and the matter is remanded back to the court below.

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ii. The parties shall appear before the tribunal by 26.03.2024.

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iii. Both the parties are at liberty to adduce evidence only with regard to the disability of the boy.

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iv. The court shall dispose off the matter within three months from 26.03.2024.

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iv. The Registry is directed to return the Trial Court Record to the Tribunal along with the

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NC: 2024:KHC:9040 MFA No. 4521 of 2018

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certified copy of the order passed by this court forthwith without any delay.

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v. No Costs.

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Pending miscellaneous petitions, if any, shall

stand closed.

SD/JUDGE

List No.: 1 Sl No.: 43

Hamza Sajid Ahmed v. C John George

Case brief

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Hamza Sajid Ahmed v. C John George

Case brief

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