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2024 Supreme(Online)(KAR) 38622
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4368 OF 2016 (MV-I)
BETWEEN:
KUMARI. ANUSHA D/O. GIRISH AGED ABOUT 8 YEARS BEING MINOR REPT BY YOUR NATURAL GUARDIAN MOTHER SMT. DIVYA R/AT CHELLANAHALLI VILLAGE, HUNASUR TALUK, MYSORE DISTRICT – 570 015.
…APPELLANT (BY SRI. DIVAKARA P.S., ADVOCATE)
AND:
1. SRI VENKATESH Digitally signed S/O VALLI KANNAGOUNDAR by RAMYA D MAJOR, Location: HI GH R/AT PADUVAKOTE VILLAGE, COURT OF KARNATAKA S.D.KOTE TALUK, MYSORE DISTRICT – 570 017.
2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., 3RD FLOOR, SUNDAR ARCADE, BEFORE KSRTC BUS STAND, MYSORE – 570 016.
…RESPONDENTS (BY SRI. GANGADHAR SANGOLLI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2014 PASSED IN MVC NO. 1166/2013 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, HUNSUR, MYSORE DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The present appeal is filed by the appellant/claimant challenging the judgment and award dated 20.11.2014 passed in MVC.No.1166/2013 by the Fast Track court & Addl. MACT at Hunsur, Mysore District, for enhancement of compensation.
2. The factum of accident, injuries sustained by the claimant and coverage of insurance are not disputed.
3. Heard the arguments from both sides and perused the records.
4. In the present case, the claimant who is five years old girl has sustained the following injuries:
i. Defused swelling at lower 1/3rd of right leg ii. Abrasion over middle 1/3rd of the leg iii. Movement of that region is painful and restricted
5. The Tribunal has awarded compensation under various heads as follows:
| 1 | Pain and suffering | Rs. | 30,000/- |
| 2 | Medical expenses | Rs. | 60,000/- |
| 3 | Loss of amenities | Rs. | 20,000/- |
| TOTAL | Rs. | 1,10,000/- |
6. Ex.P.6 is the wound certificate, Ex.P.8 to Ex.P.33 are the medical bills. Ex.P.34 to Ex.P.40 are the prescriptions. Ex.P.41 is the discharge summary. Ex.P.42 to Ex.P.44 are three X-ray photos. The doctor is examined as P.W.2 and has deposed that he has given treatment to the claimant and has operated her fractured bone and inserted implants. It is the evidence of the doctor that the claimant has suffered shortening of right leg by half an inch compared to the left leg. The claimant is finding difficulty in moving the affected limb and other deficiencies. It is the opinion of the doctor that the claimant has suffered 18% of disability to the affected limb.
7. Considering that the claimant is a minor girl of five years old and suffered shortening of right leg by half an inch, therefore, the claimant is constrained to suffer her whole life by such shortening of leg. Therefore, the claimant has suffered 10% of permanent physical disability towards whole body. Therefore, in case of injuries sustained by minor children, what would be compensation awarded is guided by the judgment of Hon’ble Supreme Court in the case of Master Mallikarjun vs. Divisional Manager, The National Insurance Co. Ltd.,1
8. Therefore, in the present case, the claimant had sustained physical disability at 10%. Hence, compensation
awarded to the claimant under the various heads as following:
| Head | Compensation amount |
| 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. | Rs.3,00,000 |
| Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization. | Rs.25,000/- |
| Medical and incidental expenses during the period of hospitalization for 58 days. | Rs.60,000/- |
| Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. | Rs. 25,000 |
| Total | Rs.4,10,000/- |
9. Therefore, the claimant is awarded a total compensation of Rs.4,10,000/- as against the compensation awarded by the Tribunal at Rs.1,10,000/-. Hence, the claimant is entitled for enhanced compensation of Rs.3,00,000/- (Rs.4,10,000/- - Rs.1,10,000/-) along with interest at 6% per annum from the date of filing of the petition till realization.
10. In the result, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
20.11.2014 passed in MVC.No.1166/2013 by the Fast Track court & Addl. MACT at Hunsur, Mysore District, is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.3,00,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.
v. The appellant/claimant is not entitled for interest for the delay period of 491 days in filing the appeal.
vi. Draw award accordingly.
