Rangaswamy Vs H M Govindaiah — Motor Accident Claims | Karnataka HC (2025)

Rangaswamy Vs H M Govindaiah — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; judgment and award dated 04.08.2012 in MVC No.45/2011 modified; total compensation enhanced to Rs.70,000/- (against Rs.30,000/-) with interest at 6% p.a. from the date of petition till the date of realisation; respondent No.1 (owner) directed to deposit the amount with interest within one month; minor claimant permitted to withdraw the entire deposited amount with accrued interest.

Issue for consideration

Whether the compensation of Rs.30,000/- awarded by the Tribunal to the minor claimant-injured was inadequate and what enhanced compensation he is entitled to.

Court's answer

Though the petitioner did not examine the doctor, the Court accepted that, admittedly, as per the wound certificate he sustained grievous injuries and was hospitalized for 19 days, and found it reasonable to grant Rs.15,000/- towards injuries.

Ratio / Principle

Compensation quantified under heads: Rs.15,000/- for pain and sufferings, Rs.15,000/- for loss of amenities, Rs.10,000/- for medical expenses, Rs.15,000/- for transport, extra nourishment and attendant charges, taking the total to Rs.70,000/-.

Key takeaways

The claimant is entitled to a total compensation of Rs.70,000/- as against Rs.30,000/- awarded by the Tribunal.ratio¶43
The enhanced compensation carries interest at 6% per annum from the date of petition till the date of realisation.ratio¶50
The judgment and award dated 04.08.2012 passed in MVC No.45/2011 by the Senior Civil Judge and M.A.C.T, Holenarasipur is modified.ratio

Detailed headnote1 paragraphs

Motor Accident Claims - Enhancement of Compensation (S.173(1) MV Act): Minor claimant-injured (aged nine years, represented by his mother) appealed against the award of Rs.30,000/- with 6% interest passed on 04.08.2012 in MVC No.45/2011 by the Senior Civil Judge & JMFC, MACT, Holenarasipur, having claimed Rs.2,00,000/-. He had been an inpatient for 19 days (25.05.2010 to 13.06.2010) with a grievous fracture of the shaft of femur per Ex.P5 wound certificate (Ex.P6 discharge summary); the doctor was not examined. Relying on the wound certificate and period of hospitalization, the High Court enhanced the compensation to Rs.70,000/- comprising Rs.15,000/- for injuries, Rs.15,000/- for pain and sufferings, Rs.15,000/- for loss of amenities, Rs.10,000/- for medical expenses and Rs.15,000/- for transport, extra nourishment and attendant charges, with interest at 6% p.a. from the date of petition till realisation. Respondent No.1 (owner, held liable by the Tribunal) was directed to deposit the amount within one month, and the minor was permitted to withdraw the entire deposited amount with accrued interest.

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NC: 2025:KHC:35312 MFA No. 6432 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 6432 OF 2013

(MV-I)

BETWEEN:

RANGASWAMY S/O RANGARAJU 9 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER GOWRAMMA R/O DR. B.R. AMBEDKAR NAGAR, BEHIND POLICE QUARTERS, HOLENARASIPURA TOWN, HOLENARASIPURA - 573 211

…APPELLANT

(BY SMT. SHARADAMBA, ADVOCATE)

AND:

Digitally signed by SWAPNA V Location: High Court of Karnataka

H.M. GOVINDAIAH,

S/O MUTTAIAH R/O DR. B.R. AMBEDKAR NAGAR, HOLENARASIPUR TOWN, HOLENARASIPUR - 573 211

THE NATIONAL INSURANCE CO. LTD. SRI. MANJUNATHA COMPLEX BUS STAND ROAD, HASSAN - 573 201

VEDAMURTHY S/O RAJANNA G. SOMANAHALLI KASABA HOBLI

HOLENARASIPURA TALUK - 573 211

…RESPONDENTS

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NC: 2025:KHC:35312 MFA No. 6432 of 2013

HC-KAR

(BY SRI. CHETHAN B., ADVOCATE FOR R1

V/O DATED 08.02.2016, NOTICE TO R2 AND R3 D/W)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.08.2012 PASSED IN MVC NO.45/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, HOLENARASIPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the claimant-injured challenging the judgment and award dated 04.08.2012 passed in MVC No.45/2011 by the Senior Civil Judge and M.A.C.T, Holenarasipur (for short 'the Tribunal'), seeking enhancement of compensation.

For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal.

Heard learned counsel for both the parties and perused the materials on record.

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NC: 2025:KHC:35312 MFA No. 6432 of 2013

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Learned counsel for the claimant-injured submitted

that the injured claimant is the minor, aged seven years, represented by his mother and she filed claim application, claiming compensation of Rs.2,00,000/- with interest at the rate of 18% per annum from the date of petition till the date of deposit. The Tribunal considering the entire evidence on record granted Rs.30,000/- with interest at the rate of 6% per annum from the date of petition, till the date of deposit of the award amount with cost.

Aggrieved by the said order, she preferred an appeal and mainly contended that he was treated as an inpatient for 19 days i.e., from 25.05.2010 to 13.06.2010. Ex.P6 is the discharge summary. As per Ex.P5 wound certificate, he has sustained fracture of shaft on femur, which is grievous in nature. They have also spent Rs.25,000/- towards medical expenses and requested for enhancement of compensation.

This Court finds reasonable to grant an amount of Rs.15,000/- for injuries. Petitioner has not examined the doctor. But admittedly, as per wound certificate, he sustained grievous injuries and was hospitalized for 19 days. Therefore,

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HC-KAR

this Court also finds it reasonable to grant an amount of Rs.15,000/- for pain and sufferings. Rs.15,000/- for loss of amenities. Rs.10,000/- for medical expenses. Rs.15,000/- for transport, extra nourishment and attendant charges. The total compensation comes to Rs.70,000/- .

The claimant is entitled to a total compensation of

Rs.70,000/- as against Rs.30,000/- awarded by the Tribunal.

In view of the aforesaid, I pass the following:-

ORDER

(i) The appeal is allowed .

(ii) The judgment and award dated

04.08.2012 passed in MVC No.45/2011 by the Senior Civil Judge and M.A.C.T, Holenarasipur, is hereby modified.

(iii) The claimant is entitled for a total compensation of Rs.70,000/as against the compensation of Rs.30,000/awarded by the

Tribunal, along with interest at 6% p.a. from the date of petition, till the date of realisation.

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NC: 2025:KHC:35312 MFA No. 6432 of 2013

HC-KAR

(iv) It was held in the Tribunal order, that

owner is liable to pay the compensation. Therefore, respondent No.1 is directed to deposit the amount along with interest at the rate of 6% per annum within one month, from the date of this order. On such deposit, as the minor petitioner might have attained the age of majority, he is permitted to withdraw the entire amount along with interest accrued.

Sd/(P SREE SUDHA) JUDGE

BH CT:VS List No.: 1 Sl No.: 14