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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAMACHANDRA D.HUDDAR
Sinchana V., D/o Vishveshwaraiah – Appellant
Versus
Shreyash P.P., S/O P.T. Ponnappa – Respondent
JUDGMENT :
RAMACHANDRA D. HUDDAR, J.
The petitioner/appellant has preferred this appeal being aggrieved and dissatisfied with the judgment and award dated 27.09.2019 passed in MVC.No.1246/2018 by the III Additional District Judge and MACT, Mysuru.
2. The present petitioner/appellant has filed claim petition claiming compensation through her natural guardian-mother as she was minor at the time of filing the petition, claiming compensation of Rs.35,00,000/- on all the relevant heads. According to claimant, on 04.05.2018, she was proceeding on her Honda Deo Scooter bearing Reg. No.KA-11-EH-7809 from Sadvidya Residential School, Vijayanagar, Mysuru, towards her house at Bogadi in Mysuru and when she was moving on the left side of the road at about 3.50 p.m., on Hunsuru-Mysuru double road, a Maruthi Wagon-R Car bearing Reg.No.KA-12-N-4435 being driven by its driver in a high speed and rash and negligent manner, came and dashed against her scooter and because of this impact, she sustained grievous injuries. Immediately thereafter, she was shifted to Aishwarya Hospital, Vijayanagar and she underwent treatment in the said Hospital as inpatient, so also underwent surgery. She was discharged on
Contributory negligence may not apply to minor victims lacking a driving license; primary liability rests with the reckless driver, justifying enhanced compensation.
The court emphasized the necessity of accounting for future earning capacity and permanent disability when determining compensation in personal injury cases.
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
Compensation for personal injury must be just and reasonable, reflecting the claimant's suffering and loss, with the court emphasizing the inadequacy of the Tribunal's award.
In cases of composite negligence, a claimant can recover full compensation from any joint tortfeasor, regardless of the degree of negligence attributed to each party.
Court must ensure just and reasonable compensation for personal injuries, enhancing initial awards if found inadequate.
Compensation must be adequately assessed considering future income loss, permanent disability, and quality of life impact post-accident, justifying enhancements in the awarded amounts.
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