IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD M.F.A.No. 9236 OF 2010(MV) BETWEEN:
Master Bharath S/o Sri. V.Basavaraj Aged about 8 years Since Minor Represented by his Natural Guardian-Father Sri. V. Basavaraj S/o Sri.Veerappa R/o Kudurekere Village Dasanpura Hobli, Alur post Bangalore District. … Appellant (By Sri.N.Shankar Rangaraji, Advocate) AND:
The Managing Director Karnataka State Road Transport Corporation, Central Office Shanthinagar, Bangalore-560027. ... Respondent (By Sri.N.B.Patil, Advocate) This MFA is filed under 173(1) of MV Act, against the Judgment and Award dated:24.06.2010 passed in MVC No.5451/2009 on the file of X Additional Judge & Member, MACT -16, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for hearing, this day, the Court, delivered the following:
J U D G M E N T The claimant, who is a minor, has filed this appeal through the natural guardian challenging the judgment and award dated 24.06.2010 passed by the Motor Accident Claims Tribunal, Bangalore City, MACT-16 in MVC No.5451/2009 whereby the Tribunal has awarded a compensation of Rs.98,700/- with interest at 6% p.a. from the date of petition till the date of deposit.
2. The brief facts of the case are that on 27.04.2008 at about 5.00 p.m. the petitioner along with other family members was returning to Bangalore after attending a marriage at Madachi near Hirekerur in a car bearing registration No.KA- 04/MF-3672. When the car was passing on NH4 at Vijapur, a buffalo was crossing the road, the driver of the car was driving the car slowly, at that time a KSRTC bus bearing registration No.kA-17/F-710 came from Davanagere side, driven by its driver in a high speed and rash and negligent manner and dashed to the backside of the car, as a result of which the claimant has sustained grievous injuries. The claimant has sustained the fracture of left femur, deformity of the left thigh and other injuries. Immediately he was shifted to District Hospital, Chitradurga for treatment and after treatment he was admitted as inpatient in Premier Sanjeevini Hospital, Bangalore wherein he was admitted for four days. The claimant has spent Rs.1,00,000/- towards medical treatment and other expenses. Immediately after recovering from the injuries, he has filed a claim petition before the MACT, Bangalore City in MVC No.5451/2009.
3. To establish his case, claimant has examined three witnesses and got marked nine documents. On the other hand, on behalf of the Insurance Company one witness was examined and no documents were marked. On appreciation of the oral and documentary evidence, the Tribunal has granted a compensation of Rs.98,700/- with interest at 6% p.a. from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation, the claimant has filed this appeal.
4. Sri N.Shankar Rangareji, learned counsel for the appellant submits that at the time of the accident the claimant was aged about 7 years. Due to the accident he sustained fracture of left femur and other injuries. He has suffered pain and agony and he had to suffer the disabilities throughout his life. Therefore, the Tribunal is not justified in granting only a sum of Rs.15,000/- towards pain and suffering and Rs.15,000/- towards amenities in life.
5. The learned counsel further contended that even though the claimant has suffered disabilities, the Tribunal has taken only 8% whole body disability. Hence, he seeks for enhancement of compensation.
6. Per contra, Sri N.B.Patil, learned counsel appearing for the respondent - KSRTC submits that as far as the disability is concerned, the doctor himself on oath has stated that the whole body disability is 8%. Therefore, the Tribunal has rightly taken 8% as whole body disability. Even in respect of the compensation granted under the heads ‘pain and suffering’ and ‘amenities in life’, he submits that the Tribunal has granted a just compensation. Hence, he prays for dismissal of the appeal.
7. Heard learned counsel for the parties and perused the records.
8. It is not in dispute that the claimant, a minor, met with an accident on 27.04.2008 and has suffered grievous injuries due to the rash and negligent driving of the driver of the KRTC bus bearing No.KA-17/F-710. At the time of the accident he was aged about 7 years and he suffered fracture of left femur and he was inpatient in the hospital for four days. He has suffered the pain and agony. Due to the disabilities, he has to suffer throughout his life. Therefore, the Tribunal is not justified in granting only Rs.15,000/- towards pain and suffering. Hence, this Court is of the opinion that the same is to be enhanced to Rs.35,000/-.
9. As regards the compensation granted under the head ‘loss of amenities’, since the claimant has to suffer the disabilities throughout his life, the compensation of Rs.15,000/- awarded by the Tribunal is on the lower side. Hence, the same is enhanced to Rs.45,000/-. On all other heads the compensation granted by the Tribunal is just and reasonable.
10. The award passed by the Tribunal, dated 24.06.2010, is modified as under:
The Insurance Company is directed to deposit the enhanced compensation amount along with an interest @ 6% per annum from the date of filing of the claim petition, till the date of realization, within a period of four weeks from the date of receipt of a copy of this order. The amount so deposited by the Insurance Company shall be disbursed to the claimant, if he attained majority, after due verification of his identity. If the claimant has not attained majority, the same may be kept in a Fixed Deposit in any Nationalized Bank till he attains majority.
With the above modifications the appeal is allowed in part.
Sd/- JUDGE Cm/-