Allowed

Miss Varunya v. the Manager

Karnataka HC23 Oct 2024MFA/8621/2018

Case brief

AI extract

What is this about?

Minor injured in a road accident sought enhancement of compensation over the Tribunal's award. Applying notional income tables for minors, the court computed loss of future income, pecuniary damages and medical expenses and enhanced total compensation to Rs.18,40,197 with interest at 6%.

What did the court decide?

Compensation enhanced to Rs.18,40,197 with 6% interest on enhanced amount; insurer to deposit within two months; deposit to be placed in fixed deposit for ten years in claimant's name.

Miss Varunya Vs the Manager — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:42632 MFA No. 8621 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.8621 OF 2018(MV-I)

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BETWEEN:

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MISS. VARUNYA D/O. SURESH AGED ABOUT 14 YEARS RESIDING AT NO.3 MANIDI NILAYA, 2^ND MAIN 3^RD CROSS, NAGAPPA BLOCK BENGALURU NORTH, SRIRAMAPURAM BENGLAURU – 21

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SINCE THE PETITIONER IS A MINOR HENCE REPRESENTED BY NATURAL GUARDIAN SMT. BABITHA W/O. KRISHNE GOWDA K. J.

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…APPELLANT

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

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(BY SRI MOHAMMED SHERIFF, ADVOCATE)

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AND:

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THE MANAGER THE UNITED INDIA INSURANCE CO. LTD. T. P. HUB, KRUSHI BHAVAN BUILDING 6^TH FLOOR, HUDSON CIRCLE, BENGLAURU– 01.

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SMT. K. VASANTHI W/O. LATE RAVINDRANATH NO.3, 2^ND MIAN ROAD 3^RD BLOCK, NAGAPPA BLOCK

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NC: 2024:KHC:42632 MFA No. 8621 of 2018

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SRIRAMPURAM, BENGALURU – 21.

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…RESPONDENTS

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(BY SRI B. C. SEETHARAMA RAO, ADVOCATE FOR R-1; VIDE ORDER DATED 21/8/2024 NOTICE TO R-2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/04/2018, PASSED IN MVC NO.2207/2017, ON THE FILE OF THE III ADDITIONAL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSE, (SCCH-18), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA, 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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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.8,05,963/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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The claimant was aged about 13 years when the accident occurred on 02.01.2017. The doctor who was examined during the trial has assessed the whole body disability at 22%. This

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Court, in the judgment rendered in M.F.A. No.426/2020¹ and

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1 Master Karthik R. v. National Insurance Co. Ltd. & Another

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3 - NC: 2024:KHC:42632 MFA No. 8621 of 2018

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connected matters, has passed an order detailing the manner in which the compensation is to be computed in respect of the injuries suffered by the minors. According to Table-I in said judgment, for an accident of the year 2017, the annual notional income would be Rs.2,62,821/- . Consequently, the claimant is entitled to a sum of Rs.10,40,771/- (Rs.2,62,821/- x 18 x 22%) towards ‘loss of future income’.

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In addition, towards ‘pecuniary damages’, the claimant is also entitled to a sum of Rs.3,63,463/- as indicated in Table II. The claimant is also entitled to a sum of Rs.4,20,963/- towards ‘medical expenses’ and also a sum of Rs.15,000/- awarded towards ‘future medication’. Consequently, the award of the Tribunal is modified and the claimant is held entitled to the total compensation of Rs.18,40,197/- as against Rs.8,05,963/- as awarded by the Tribunal, along with interest at the rate of 6% per annum, on the enhanced amount, from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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NC: 2024:KHC:42632 MFA No. 8621 of 2018

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Upon deposit, the entire compensation amount shall be invested in a fixed deposit for a period of Ten years in the name of claimant in any Nationalised or Scheduled Bank of the claimant’s choice with liberty to withdraw the interest accrued thereon, periodically, on the compensation amount. After maturity, the Bank shall release the amount in favour of claimant without any further proceedings.

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The amount in deposit, if any, shall be transferred to the Tribunal forthwith.

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The appeal is, accordingly, allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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HNM

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List No.: 1 Sl No.: 35

Miss Varunya v. the Manager

Case brief

What is this about?

What did the court decide?

Miss Varunya v. the Manager

Case brief

What is this about?

What did the court decide?

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