Kumar Mahendra Shivaji Naik Vs Shri.Parasharam Bhujang Bhadange

¶1

1 -

¶2

NC: 2025:KHC-D:524 MFA No. 100158 of 2019

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE

¶4

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100158 OF 2019 (MV-I)

¶5

BETWEEN:

¶6

KUMAR MAHENDRA SHIVAJI NAIK, AGE: 17 YEARS10 MONTHS, OCC: STUDENT, SINCE APPELLANT IS MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER, SMT. UMA SHIVAJI NAIK, AGE: MAJOR, OCC: HOUSEWIFE, R/O. BASARUTE-591108, TQ. AND DIST: BELAGAVI.

¶7

…APPELLANT

¶8

(BY SRI HARISH S. MAIGUR, ADVOCATE)

¶9

AND:

¶10

SHRI PARASHARAM BHUJANG BHADANGE, AGE: MAJOR, OCC: BUSINESS, R/O: BEKKANKERI-591108, TQ: AND DIST: BELAGAVI.

¶11

THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI-590001.

¶12

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

¶13

SHRI PARASHRAM D. NAIK, AGE: MAJOR, OCC: NOT KNOWN, R/O: BASARUTE-591108, TQ: AND DIST: BELAGAVI.

¶14

…RESPONDENTS

¶15

(BY SRI S.C. JAINAR, ADVOCATE FOR R2; NOTICE TO R1 AND R3 IS SERVED)

¶16

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2018 PASSED IN MVC NO.2586/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI AND ETC.,

¶17

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶18

2 -

¶19

NC: 2025:KHC-D:524 MFA No. 100158 of 2019

¶20

ORAL JUDGMENT

¶21

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

¶22

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

¶23

This appeal is filed under Section-173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 31.10.2018, passed in MVC No.2586/2017 on the file of XI Addl. District and Sessions Judge and Addl. MACT, Belagavi (for short, ‘Tribunal’).

¶24

Brief facts of the case are that on 26.11.2017 at about 6.00 p.m., the claimant/appellant was proceeding on motorcycle bearing Reg.No.KA-22/ES-6523 as a pillion rider, from Uchgaon to Basurte and rider was riding the motorcycle in a moderate speed, at that time, one TATA Magic Tempo bearing Reg.No.KA-22/B-6039 came from behind in a rash and negligent manner and caused the

¶25

3 - NC: 2025:KHC-D:524 MFA No. 100158 of 2019

¶26

accident. Due to the said accident, the appellant/claimant sustained injuries and immediately after the accident, the appellant was admitted to BIMS Hospital, Belagavi as an inpatient for a period of 7 days i.e., from 26.11.2017 to 02.12.2017. Therefore, the claimant has filed the claim petition, seeking compensation.

¶27

Heard the arguments of learned counsel for the

¶28

parties and perused the records.

¶29

The occurrence of accident, injuries sustained by the claimant and coverage of insurance are not in dispute.

¶30

In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries.

¶31

“Fracture both the bones (Tibia and Fibula) of the shat of right leg.”

¶32

The Tribunal after considering the facts and circumstances and evidence on record, has awarded total

¶33

4 - NC: 2025:KHC-D:524 MFA No. 100158 of 2019

¶34

compensation of Rs.1,07,000/- along with interest at the rate of 6% per annum from the date of petition till the

¶35

date of realization, under the following heads:

¶36

SL.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Permanentphysical disability	1,00,000/-
2.	Discomfort, inconvenience, loss of earnings to parents during the period of hospitalization.	7,000/-
	Total Compensation	1,07,000/-

¶37

Upon considering the injuries sustained and amount of compensation awarded by the Tribunal, which is on lower side, the claimant is entitled to enhanced compensation on the correct parameters.

¶38

Considering the nature of injuries sustained and disability suffered by the claimant as assessed by the Doctor-PW-3 and the disability certificate-Ex.P.10, the claimant has suffered 35% of permanent physical disability towards right lower limb, but the Tribunal has considered only 10% of disability towards whole body, which is incorrect. By considering the principle of law laid down by the Hon’ble Apex Court in the case of Rajkumar V/s Ajay

¶39

5 - NC: 2025:KHC-D:524 MFA No. 100158 of 2019

¶40

Kumar & Another¹ , considering three fractures to the right leg and even if, 1/3^rd of 35% is taken into consideration, it would come to 13% of functional disability towards whole body. The claimant is 16 years old and he was a minor. Therefore, by following the principle of law laid down by the Hon’ble Apex Court in the case of

¶41

Master Mallikarjun Vs. Divisional Manager, National

¶42

Insurance Company Limited & Another² compensation is awarded as under:

¶43

SL.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Pain and suffering already 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.	3,00,000/-
2.	Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization.	25,000/-
3.	Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment.	25,000/-
	Total Compensation	3,50,000/-

¶44

1 2011 (1) SCC 343

¶45

2 2014(14) SCC 396

¶46

6 -

¶47

NC: 2025:KHC-D:524 MFA No. 100158 of 2019

¶48

Thus, in all, the claimant would be entitled to

¶49

total compensation of Rs.3,50,000/- with interest at the rate of 6% per annum from the date of petition till realization. The Insurance Company shall deposit the same within a period of eight weeks from the date of receipt of a copy of this judgment.

¶50

In the result, I proceed to pass the following:

¶51

ORDER

¶52

i) The appeal is allowed in part.

¶53

ii) The judgment and award dated 31.10.2018, passed by the XI Addl. District and Sessions Judge and Addl. MACT, Belagavi in MVC No.2586/2017 stands modified.

¶54

iii) The claimant is entitled for total compensation of Rs.3,50 , 000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as

¶55