IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.6536/2015 [MV] BETWEEN:
KUMARI KAVYA D/O YOGESH AGED ABOUT 9 YEARS R/AT NO.115 CHANNAPPA BUILDING NELAGADARANAHALLI NAGASANDRA POST BANGALORE-560078.
SINCE THE APPELLANT IS MINOR HENCE REP. BY HER FATHER AND NATURAL GUARDIAN YOGESH S/O LAKSHMANA.
(BY SRI.MAHADEVASWAMY P, ADV.) AND:
1. THE MANAGER UNIVERSAL SAMPO GEN.INS.CO.LTD., REGISTERED AND CORPORATE OFFICE UNIT, 401, 4TH FLOOR SANGAM, COMPLEX 127 ANDHARI KURLA ROAD ANDARI (EAST) MUMBAI -400059.
...APPELLANT 2. NARASIMHA MURTHY R NO.139/140, 4TH CROSS CHOWDESHWARI NAGAR LAGGERE BANGALORE-560 958.
…RESPONDENTS (BY SRI.H N KESHAVAPRASHANTH, ADV. FOR R1 R2- NOTICE D/W V/O DT:12/07/2016) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2015 PASSED IN MVC NO.1413/2013 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, 27TH ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant is in appeal seeking enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 20.03.2015 passed in MVC No 1413/2013 on the file of MACT, I Additional Small Causes & XXVII ACMM, Bangalore.
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a Road Traffic Accident. It is stated that on 30.01.2013 when the claimant was standing in front of Government School at Nelagadaranahalli Main Road, an autorickshaw bearing Reg.No.KA-03-A-10 driven in high speed, rash and negligent manner dashed to the claimant, as a result the claimant suffered grievous injuries on her right and left hand and other parts of the body. Immediately she was shifted to ESI hospital and then shifted to Dhanavantri wherein X-rays were taken and fracture of right clavicle middle 3rd and 3 x 3 cms abrasions over left leg and lateral mallecous tear noticed by doctors.
3. On issuance of summons the 1st respondent - Insurance Company appeared and filed its written statement and denied the claim petition averments, but admitted issuance of policy in respect of the auto rickshaw bearing No.KA-03-A-10. It is also contended that the driver of the auto rickshaw had no valid and effective driving licence as on the date of accident and as such there is violation of policy conditions. Father of the claimant was examined as PW.1, apart from marking the documents Exs.P1 to P11. No evidence was led on behalf of the respondents. The Tribunal on appreciating the material on record awarded global compensation of Rs.10,000/- along with interest at 6% p.a. from the date of petition till the date of realization.
Not being satisfied with quantum of compensation awarded by the Tribunal, the appellant/claimant is in appeal before this Court seeking enhancement of compensation.
4. Heard the learned counsel for the parties and perused the entire material on record.
5. Having heard the learned counsel for the parties and on perusal of the material on record, the only point that arises for consideration is as to 'Whether the claimant would be entitled for enhancement of compensation in the facts and circumstances of the case?' The said point is answered partly in the affirmative for the following reasons :-
The occurrence of the accident on 30.01.2013 involving autorickshaw bearing Reg.No.KA-03-A-10 and accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant is a minor girl aged 7 years as on the date of accident. The claimant has placed on record Ex.P.6 - the Wound Certificate, Ex.P.11 - 5 X rays and Ex.P.9 – 5 medical prescriptions produced in support of the injuries sustained and the treatment taken by her. It is evident that the claimant has suffered the injuries as stated above, but the claimant has not examined the Doctor, who treated her nor produced any disability certificate. In the absence of any material, the Tribunal awarded global compensation of Rs.10,000/- with interest at 6% p.a. from the date of petition till the date of realization. Admittedly the claimant is a minor girl aged 7 years as on the date of accident, who suffered the injuries as stated above. She has undergone pain and suffering. Claimant has made available Ex.P9 medical prescriptions, Ex.P.11 - 5 X-rays, which would establish the injuries sustained and treatment taken by her. Taking note of the age of the injured, injuries suffered and treatment taken, I am of the view, the claimant would be entitled for global compensation of Rs.50,000/- in addition to Rs.10,000/- awarded by the Tribunal.
6. Accordingly, the appeal is allowed in part. The impugned judgment and awarded is modified to the above extent. The claimant would be entitled to enhanced compensation of Rs.50,000/- in addition to the compensation awarded by the Tribunal at Rs.10,000/- with interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE NG* CT:bms