The High Court allowed the appeal in part, modifying the Tribunal's award. It enhanced the compensation from Rs.1,15,780 to Rs.1,75,780 based on judicial precedents regarding disability and expenses.
Compensation enhanced to Rs.1,75,780. Interest on enhanced amount reduced to 6% p.a. Insurance Company directed to deposit amount within six weeks.
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 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5985 OF 2019 (MV-I)
BETWEEN:
SATHISHA M.S, S/O SIDDEGOWDA, AGED ABOUT 10 YEARS,
A MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER
SIDDEGOWDA S/O LATE KOLI SIDDEGOWDA AGED ABOUT 38 YEARS R/AT MALLAIAHANA DODDI VILLAGE, MANDYA TALUK AND DISTRICT 571 401.
…APPELLANT
(BY SRI. A.K BHAT, ADVOCATE)
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
AND:
(POLICY NO.510000/31/2016/TVS/16692, VALID FROM 18-01-2016 TO 17-01-2017).
…RESPONDENTS
(BY SRI. R. GUNASHEKAR ADVOCATE FOR R2; NOTICE TO R1 SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23/07/2018, PASSED IN MVC NO.777/2016, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
Mallaiahana Doddi Village, the rider of the motorcycle bearing registration No.KA-11-EF-3792 drove the motorcycle at a high speed and in a rash and negligent manner and dashed against 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 being a minor, in order to prove the case, examined his father as PW-1, and the eyewitness was examined as PW-2 and got exhibited documents namely Ex.P1 to Ex.P.18. On behalf of respondents, no witness was examined and no documents were produced. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent riding of the offending vehicle by its rider, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.1,15,780/along with interest at the rate of 8% p.a. and held the respondents jointly and severally liable to pay the compensation amount and directed to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
that at the time of the accident, the claimant was aged about seven years and he was studying second standard. Due to the accident, he has suffered grievous injuries and the Doctor has deposed that the claimant has suffered 10% limb disability. Considering the disability which affects his future studies and the nature of injuries suffered by the claimant, the overall compensation awarded by the Tribunal is on the lower side and hence sought for enhancement of compensation.
[a] It is contended that at the time of the accident, the claimant was a minor aged about seven years. He was not earning member of the family. Considering the injuries suffered by the claimant and considering the Judgment of the Apex Court in the case of ' Master Mallikarjun Vs Divisional Manager, National Insurance Company
Limited' [2013 ACJ 2445], the compensation awarded
by the Tribunal is just and reasonable.
[b] Lastly, in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others –vVenkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal at 8% p.a. on the compensation amount appears excessive.
With the above contentions, the learned counsel sought to dismiss the appeal.
As per the evidence of the Doctor, the claimant has suffered 10% disability to the right limb and 4% to the whole body. The Apex Court in the case of Master Mallikarjun [supra] has held that in cases of minor suffering from any disability upto 10% Rs.1,00,000/- has to be awarded. Considering the evidence of the Doctor and injuries suffered by the claimant and in view of the above, Rs.1,00,000/- is awarded towards 'pain and suffering'. In addition, Rs.25,000/- is awarded to the parents for treatment of the minor during the period of hospitalization and Rs.25,000/- is awarded towards 'medical and incidental expenses' and Rs.25,000/- is awarded towards 'future medical expenses'.
12. Thus, the claimant is entitled to the following
compensation:
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Pain and sufferings | 1,00,000 | 1,00,000 |
| Medical expenses | 780 | 780 |
| Food, nourishment, conveyance and attendant charges |
15,000 | 25,000 |
| Loss of income during laid up period |
Nil | 25,000 |
| Future medical expenses | Nil | 25,000 |
| Total | 1,15,780 | 1,75,780 |
ORDER
Sd/(H.T. NARENDRA PRASAD) JUDGE
AN/-
2 issues framed by the court
Whether the compensation awarded by the Claims Tribunal for the minor is enhanceable on the facts of the case.
Whether the rate of interest on the enhanced compensation should be reduced in view of the Division Bench decision in Ms.Joyeeta Bose.
Colour shows how this judgement treated each authority
Master MallikarjunRelied on¶38
Master Mallikarjun Vs Divisional Manager, National Insurance Company Limited [2013 ACJ 2445]
Ms.Joyeeta BoseFollowed¶42
Ms.Joyeeta Bose and others –vVenkateshan.V and others (MFA 5896/2018)
2 provisions across 1 enactments
SATHISHA M.S
BASAVARAJU
THE ORIENTAL INSURANCE CO. LTD.
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
H.T. NARENDRA PRASAD
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