Partly allowed

Mr Sinan v. Sri N R Navaneesh

Karnataka HC27 Aug 2024MFA/6857/2019

Case brief

AI extract

What is this about?

Claimant, a minor injured when a car dashed him, sought enhancement of Tribunal's compensation award. Applying the Apex Court's guidance in Master Mallikarjun for minors with disability between 10% and 30%, the court recomputed compensation and enhanced it from Rs.2,40,697/- to Rs.4,65,697/- with interest at 6% per annum.

What did the court decide?

Compensation enhanced from Rs.2,40,697/- to Rs.4,65,697/- with 6% p.a. interest; Insurance Company to deposit within six weeks.

Mr Sinan Vs Sri N R Navaneesh — Insurance | Karnataka HC (2024)

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1 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 6857 OF 2019 (MV)

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BETWEEN:

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MR SINAN AGED ABOUT 8 YEARS MINOR, REP BY HIS FATHER & NEXT FRIEND MR.SOUKATH ALI AGED AOBUT 39 YEARS R/AT FARIKERI PAISARY ARAVATHOKLU VILLAGE VIRAJPET TALUK MADIKERI POST-571 201

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…APPELLANT

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(BY SRI. BHANU PRAKASH H V .,ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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SRI N R NAVANEESH S/O RAJU AGED ABOUT 34 YEARS R/AT GARIKERI PAISARY ARAVATHOKLU VILLAGE VIRAJPET TALUK MADIKERI POST-571 201.

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SRI.T.MANOJ S/O DIVAKARAN AGED ABOUT 44 YEARS R/AT THIRTHA NILAYA SUBASH NAGAR, PANJARPET VIRAJPET TALUK KODAGU DISTRICT-571 218.

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NC: 2024:KHC:34272 MFA No. 6857 of 2019

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THE DIVISIONAL MANAGR UNITED INDIA INSURANCE COMPANY LTD COLLEGE ROAD MERCARA, MADIKERI KARNATAKAA-571 201.

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…RESPONDENTS (BY SRI. C SHANKAR REDDY., ADVOCATE FOR R3: NOTICE TO R1 & R2 IS DISPENSED WITH V/O DATED: 29.11.2023)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.05.2019 PASSED IN MVC NO.02/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, VIRAJJPET, 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, 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

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Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant challenging by the judgment dated 20.05.2019 passed by the Senior Civil Judge and MACT, Virajpet (hereinafter referred to as ‘the Tribunal’) in MVC No.2/2015.

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3 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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Facts giving rise to the filing of the appeal briefly stated are that on 27.04.2014 when the claimant (aged 4 years) was standing near his house at Garikeri Paisary of Arvathoklu Village, at that time, a car bearing registration No.KA-12/N-3465 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 he 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 to 3 appeared through counsel and filed separate written statements denying the averments made in the claim petition.

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4 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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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, examined his father as PW-1, and other two witnesses as CW1 and CW2 and got exhibited documents namely Ex.P1 to Ex.P11. On behalf of the respondents, no witness was examined but got marked documents as 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.2,40,697/- 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 has submitted that at the time of the accident the claimant was a minor aged about 4 years, he has suffered grievous injuries. The

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5 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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doctor has been examined as CW2. In his evidence he has deposed that the claimant has suffered 12% disability to whole body. In view of the judgment of the Apex Court in the case of MASTER MALLIKARJUN vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD. reported in (2014) 14 SCC 396 , the claimant is entitled to compensation of Rs.3,50,000/- + actual medical

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expenses. The compensation awarded by the Tribunal at Rs.2,40,697/- is on the lower side. Hence, the learned counsel sought to allow the appeal.

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On the other hand, the learned counsel for the Insurance Company has submitted that even though the doctor has deposed that the claimant has suffered 12% whole body disability, but that would not come in the way of the claimant pursuing his studies. The Tribunal, after considering the evidence of the doctor and the medical records, has granted just and reasonable compensation. Hence, he sought to dismiss the appeal.

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6 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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Heard the learned counsel for the parties and perused

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the judgment and award of the Tribunal and the original records.

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It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 27.04.2014 due to rash and negligent driving of the offending vehicle by its driver.

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The claimant was a minor boy aged about 4 years at the time of the accident. The doctor has been examined as CW2. In his evidence he has deposed that the claimant has suffered 25% disability to right lower limb and 12% to whole body. The Apex Court in the case of MASTER MALLIKARJUN (surpa) has held that in case of a minor whose disability is more than 10% and less than 30%, Rs.3,00,000./- has to be awarded for pain and suffering, etc., Rs.25,000/- for inconvenience caused to the parents during hospitalization and Rs.25,000/- for future medical expenses, in addition to the medical expenses.

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7 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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Thus, the claimant is entitled to the following

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compensation:

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Compensation under Compensation different Heads Amount (Rs.) Pain and suffering already 3,00,000 undergone and to be suffered in future, mental and physical shock, hardship, inconvenience, and discomforts, etc. and loss of amenities in life on account of permanent disability Medical expenses 1,15,697 Future medical expenses 25,000 Inconvenience caused to the 25,000 parents during hospitalization Total 4,65,697

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In the result, the following order is passed:

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ORDER

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a) The appeal is allowed in part.

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b) The judgment of the Claims Tribunal is modified.

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8 - NC: 2024:KHC:34272 MFA No. 6857 of 2019

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c) The claimant is entitled to a total compensation of Rs.4,65,697/- as against Rs.2,40,697/- awarded by the Tribunal .

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d) 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 copy of this judgment.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 61

Mr Sinan v. Sri N R Navaneesh

Case brief

What is this about?

What did the court decide?

Mr Sinan v. Sri N R Navaneesh

Case brief

What is this about?

What did the court decide?

What the court decided

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