Pavani Vs Mr.Sridhar

PAVANI D/O LATE GOPALA SHETTY AGED ABOUT TWO YEARS MINOR REPRESENTED BY HER GUARDIAN MOTHER SMT VANITHA SHETTY W/O LATE GOPALA SHETTY AGED ABOUT 28 YEARS R/O HEBBAGILUMANE BALKUR VILLAGE & POST KUNDAPURA TALUK-576219

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(BY SRI. HAREESH BHANDARY T, ADVOCATE)

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AND:

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…APPELLANT

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MR.SRIDHAR S/O RAJANNA AGED ABOUT 29 YEARS R/AT HANUMAIAH HOUSE BEHIND GOVT HIGH SCHOOL YANTAGANAHALLI POST NELAMANGALA TALUK BANGALORE RURAL DISTRICT-560109

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HC-KAR

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SRI UMESH GOWDA S/O LATE M R RANGAPPA AGED ABOUT 42 YEARS R/O SWAMY & SWAMY TOURS & TRAVELS VIDYA NAGAR SIRA TALUK TUMKUR DISTRICT-577202

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THE BRANCH MANAGER THE IFFCO TOKIO GENERAL INS CO LTD IFFCO SADAN, C1 DISTRICT CENTER SAKET NEW DELHI-110017

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…RESPONDENTS

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(BY SRI.H.S. LINGARAJU, ADVOCATE FOR R3 NOTICE TO R1 & R2 IS DISPENSED WITH V/O DTD 20.01.2015)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2014 PASSED IN MVC NO.638/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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3 - NC: 2026:KHC:14865 MFA No. 6738 of 2014

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HC-KAR

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ORAL JUDGMENT

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The above appeal is filed by the claimant represented by her natural guardian - mother under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 21.08.2014 passed in MVC No.638/2013 by the Senior Civil Judge and Additional MACT., Kundapura¹ , wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `1,03,970/- together with interest at 6% p.a. Being aggrieved, the present appeal is filed by the claimant seeking for enhancement of compensation.

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The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

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Heard the submissions of Sri Hareesh Bhandary T., learned counsel for the appellant/claimant and Sri H.S.Lingaraju, learned counsel appearing for respondent No.3-insurer.

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1 Hereinafter referred to as ‘Tribunal’

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HC-KAR

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It is forthcoming that the injured was a one year old child as on the date of the accident i.e., as on 14.03.2013. The claim petition was filed by the mother of the injured as a guardian of the child. The child was treated as an inpatient from 14.03.2013 to 20.03.2013 i.e., for a period of seven days. The child sustained fracture of left clavicle and other simple injuries. The Doctor was not examined. The Tribunal awarded

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compensation as under:

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Sl.No.	Heads	Amount awarded by the Tribunal (`)
1.	Pain and agony	35,000.00
2.	Medical expenses	30,970.00
3.	Food and nourishment	4,000.00
4.	Conveyance and attendant charges	4,000.00
5	Loss of amenities	30,000.00
	Total	1,03,970.00

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It is clear that the compensation towards food and

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nourishment and conveyance charges are on the lower side. The compensation towards pain and agony is also on the lower

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side.

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HC-KAR

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In the aforesaid factual matrix, interest of justice would be met if a lump sum compensation of `30,000/- is awarded in addition to the compensation awarded by the Tribunal.

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It is noticed that the Tribunal has awarded interest at 6% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

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In view of the aforementioned, the following:

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i) The above appeal is partly allowed;

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ii) The judgment and award dated 21.08.2014 passed in MVC.No.638/2013 by the Senior Civil Judge and Addl. MACT., Kundapura is hereby modified only to the extent of directing that the claimant shall be entitled to a further compensation of `30,000/- together with interest at 7% p.a., from the date of petition till date of payment in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) Respondent No.3 - Insurance Company shall deposit the enhanced compensation together with accrued interest within a period of six weeks;

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