Master Monaj G N Vs Sri Srinivas S R — Motor Accident Claims | Karnataka HC (2025)

Master Monaj G N Vs Sri Srinivas S R — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed in part: judgment and award dated 28.04.2017 in MVC No.2282/2016 stands modified; appellant entitled to global compensation of Rs.30,000/- with interest at 6% per annum from the date of petition till realization, in addition to the Tribunal award; Respondent No.2 insurer to deposit within eight weeks; upon deposit the entire amount to be released in favour of the appellant on proper identification in terms of the award; no order as to costs.

Issue for consideration

Whether the claimant/appellant is entitled to enhancement of the compensation awarded by the Tribunal, the compensation under various heads being on the lower side.

Court's answer

The compensation awarded by the Tribunal under various heads was on the lower side; taking into consideration the treatment taken and the injuries suffered, the claimant is entitled to global compensation of Rs.30,000/- in addition to what has been awarded by the Tribunal.

Ratio / Principle

Respondent No.2 – Insurance Company shall deposit the enhanced compensation along with interest at the rate of 6% per annum within eight weeks from the date of receipt of copy of the judgment.

Detailed headnote1 paragraphs

MFA (MV-I) under S.173(1) of the Motor Vehicles Act, 1988 — enhancement of compensation — minor claimant injured on 29.02.2016 when Car bearing Reg.No.KA-43-M4182, driven rashly and negligently, dashed against him on NH-7 near Reddigollavarahalli village gate, Chikkaballapura District — Tribunal (III Additional Senior Civil Judge & MACT, Bengaluru, SCCH-18) by judgment and award dated 28.04.2017 in MVC No.2282/2016 allowed the petition in part, awarding Rs.4,53,000/- with interest at 9% per annum — High Court found the compensation under various heads to be on the lower side and, considering the treatment taken and injuries suffered, awarded additional global compensation of Rs.30,000/- with interest at 6% per annum — appeal allowed in part; award modified; Respondent No.2 insurer (IFFCO Tokio General Insurance Co.) directed to deposit the enhanced amount within eight weeks; entire amount to be released to the appellant on proper identification; no order as to costs.

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MFA No. 7035 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 7035 OF 2017 (MV-I)

BETWEEN:

MASTER MANOJ G N S/O DODDA NARAYANASWAMY AGED ABOUT 15 YEARS (SINCE THE APPELLANT IS MINOR HE IS DULY REPRESENTED BY HIS FATHER i.e., NATURAL GUARDIAN MR DODDA NARAYANASWAMY S/O CHIKKA VENKATAPPA AGED ABOUT 51 YEARS) BOTH RESIDING AT GOVALAKANAHALLI VILLAGE AVALAGURKI POST, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT.

…APPELLANT

(BY SRI. HARISH BABU K.N., ADVOCATE)

AND:

SRI SRINIVASA S R S/O LATE RAMACHANDRAIAH S.T. R/AT NO.1543, NEW NO. 2744, HEMAVATHIPETE, DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT – 561 203.

THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO., NO.2262, 7^TH B MAIN, 3^RD STAGE

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MFA No. 7035 of 2017

NEAR YELAHANKA NEW BUS STAND BANGALROE – 560 106.

…RESPONDENTS

(BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2; V/O DATED 14.09.2022 NOTICE TO R1 IS D/W)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO PASS AN ORDER BY ENHANCING THE COMPENSATION AWARD AMOUNT UNDER THE ABOVE SAID GROUNDS, BY MODIFYING THE JUDGMENT AND AWARD DATED 28.04.2017, PASSED BY THE COURT OF III ADDL. SENIOR CIVIL JUDGE, XXIX ACMM AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT BANGALORE, SCCH18, IN MVC NO.2282/2016, BY ENHANCING THE COMPENSATION AMOUNT UNDER THE ABOVE SAID HEAD IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 12.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

This appeal is by the appellant/claimant seeking for enhancement of compensation arising out of judgment and award dated 28.04.2017 in MVC No.2282/2016, passed by the III Additional Senior Civil Judge and Motor Accident

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MFA No. 7035 of 2017

Claims Tribunal at Bengaluru (SCCH-18) (for short ‘Tribunal’).

For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

The brief facts of the case are that:

On 29.02.2016, at about 4.40 p.m., when the

petitioner was returning from school along with his friends and proceeding towards bus stop on NH-7 road, near Reddigollavarahalli village gate, Chikkaballapura District, at that time the driver of a Car bearing Reg.No.KA-43-M4182 drove in a rash and negligent manner and dashed against the petitioner. As a result, petitioner sustained grievous injuries. Hence, prays to award compensation.

The respondent No.1 was the owner and respondent No.2 was the insurer of the offending Car. Respondents have filed their respective statement of objections denying the fact of accident as well as its liability to pay compensation and prayed to dismiss the petition.

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MFA No. 7035 of 2017

From the rival contentions of the parties, the Tribunal had framed necessary issues.

The petitioner to prove his case, examined two witnesses as PWs-1 and 2 and marked 19 documents as per Exs.P-1 to P-19. The respondents have neither examined the witnesses nor got marked the documents.

After hearing the parties and on perusal of the documents, the Tribunal has allowed the petition in-part and awarded compensation of Rs.4,53,000/- with interest at the rate of 9% per annum from the date of petition till realization. Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

8. Heard the arguments of learned counsel appearing for the appellant and respondent No.2.

It is not in dispute that the appellant has suffered following injuries:-

1. Contusion present on right parietal region measuring 4 x 3 cms.

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MFA No. 7035 of 2017

2. Wound present over right shoulder

measuring 4 x 3 cms.

3. Abrasion over right forearm measuring 1 x 5 cms.

4. Open type two comminuted fracture of proximal third shaft of right humerus.

5. Un-displaced type 1 salter harris injury to right distal radius.

However, it is seen that the compensation

awarded under various heads are on the lower side. Taking into consideration the treatment taken and injuries suffered, we are of the considered view that the claimant would be entitled for global compensation of Rs.30,000/in addition to what has been awarded by the Tribunal.

Respondent No.2 – Insurance Company shall deposit the above enhanced compensation along with interest at the rate of 6% per annum within eight weeks from the date of receipt of copy of this judgment.

Accordingly, I proceed to pass the following:-

ORDER

i. The appeal is allowed in-part .

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MFA No. 7035 of 2017

ii. The judgment and award dated 28.04.2017 in MVC No.2282/2016 passed by the III Additional Senior Civil Judge & Motor Accident Claims Tribunal at Bengaluru (SCCH-18) stands modified.

iii. The appellant is entitled to global compensation of Rs.30,000/- with interest at the rate of 6% per annum from the date of petition till realization.

iv. The respondent No.2 – Insurance Company shall deposit the amount within a period of eight weeks from the date of award.

v. Upon deposit, entire amount shall be released in favour of appellant on proper identification in terms of award.

vi. No order as to costs.

Sd/-

(DR.K.MANMADHA RAO)

JUDGE

MH/-