IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.1761 OF 2018 (MV) BETWEEN:
KUM.BHARATHI D/O GANGADHARAIAH, AGED ABOUT 11 YEARS, R/AT NO. 142, C/O SIDDAGANGAPPA H.C., NEAR GOVERNMENT SCHOOL, HEROHALLI, MAGADI MAIN ROAD, BANGALORE - 560 091.
APPELLANT BEING MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN GANGADHARAIAH S/O LATE SIDDALINGAPPA, AGED ABOUT 43 YEARS. ... APPELLANT (BY SRI.GURUDEVA PRASAD K.T., ADV.) AND:
1. IFFCO TOKIO GENERAL INSURANCE CO. LTD., T.P. CLAIMS HUB, SHANTHI TOWER, NO.141, 5TH FLOOR, 3RD MAIN ROAD, EAST NGEF LAYOUT KASTURI NAGAR, 100FT, OUTER RING ROAD, K.R.PURAM, BENGALURU - 560 043.
BY ITS MANAGER.
2. MR. MANJUNATH R R/AT NO. E.733, ANDARAHALLI, MAGADI MAIN ROAD, VISHWANEEDAM POST, BENGALURU - 560 091. ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.11.2017 PASSED IN MVC NO.2817/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, IX ADDITIONAL SMALL CAUSES AND ADDITIONAL MACT, BENGALURU (SCCH-7), ADDITIONAL MACT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel for the appellant submits that Notice to second respondent dispensed with. Submission accepted. Notice to second respondent dispensed with.
2. For injuries suffered in the road traffic accident, the injured being a minor, represented by her father, made a claim petition before the Court of Small Causes and Member, Motor Accident Claims Tribunal-7, Bangalore. The Tribunal, by its judgment and award dated 29th November 2017 passed in MVC No.2817 of 2016 awarded compensation of Rs.1,20,500/-. Being not satisfied with the compensation amount, the claimant is before this Court in this appeal seeking enhancement.
3. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is very meagre. He submits that the injured is a minor girl and because of the accident she has lost one year of education and nothing is awarded by the Tribunal for loss of one year of education. He further submits that the injured had taken treatment as an inpatient and during time the father of the injured has to look after her and no amount has been awarded toowards his loss of income during the said period. Hence, he prays for enhancement in the compensation.
4. The learned counsel for the respondent-insurer supports the order of the Tribunal and submits to dismiss the appeal.
5. Heard the learned counsel for the parties. I have gone through the judgment. The Tribunal has considered all the aspects and based on the documents and evidence adduced before it, has awarded compensation of Rs.1,20,500/-. The same cannot be found fault with. Be that as it may, considering the fact that the injured is a minor girl child and has suffered much mental agony, moreover she has lost one year of education because of the accident, I my opinion, awarding another Rs.50,000/-, would meet the ends of justice. Accordingly it is ordered. It is made clear that the enhanced amount carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn