IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.7459/2013 [MV] BETWEEN:
REKHA V.K.
D/O KANTHARAJU AGE 11 YEARS, MINOR REP. BY FATHER NATURAL GUARDIAN, KANTHARAJU S/O SIDDARAMAIAH AGED ABOUT 45 YEARS R/O NO.267 3RD MAIN NELAMAHESHWARAMMA TEMPLE ROAD T. DASARAHALLI BENGALURU 560 057. ... APPELLANT (BY SRI B.L. KUMAR ADV.) AND:
1. ROSHANLAL JAIN S/O SUVALAL OWNER OF SCOOTER REG.No-04-HG-9760 R/O No. 495/2 MAHAVEER ENTERPRISES BANGALORE PAWAN BROKERS T. DASARAHALLI BANGALORE 560 058 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD 1ST FLOOR, SNR ARCADE, AYYAPPA TEMPLE ROAD JALAHALLI CROSS PEENYA BENGALURU 560 057 ... RESPONDENTS (BY SRI D. PRADEEP ADV. FOR R2.) NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 31.08.2015 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2013 PASSED IN MVC NO.1160/2012 ON THE FILE OF THE COURT OF SMALL CAUSES, 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 For the injuries suffered in the road traffic accident on 10th December 2011, father of the minor claimant made a claim petition before the Motor Accident Claims Tribunal, Bengaluru. The Tribunal, by its judgment and award dated 06.02.2013 passed in MVC No.1160 of 2012 awarded a compensation of Rs.4,35,048/- with interest at 6% per annum.
2. It is case of the minor appellant that when she was standing on the foot path on the left side of the road near St. Marys School, Dasarahalli, Bengaluru, a Scooter bearing registration No.KA-04-HG-9760 came in high speed with rash and negligent manner without observing traffic rules and signals and dashed against the appellant. Due to which she has sustained grievous injuries all over the body and also sustained head injury. Immediately she was shifted to Premier Sanjeevini Hospital, Bengaluru and thereafter she was shifted to M.S. Ramaiah Memorial Hospital, Bengaluru and taken treatment, was an inpatient from 10.12.2011 to 06.01.2013 and spent huge amount for treatment. Aggrieved by the award passed by the Tribunal she is before this Court in this appeal seeking enhancement in the compensation.
3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal on all the head is on the lower side. He further submits that appellant was aged about 9 years, hale and healthy at the time of accident and was studying in 5th standard and was bright and intelligent student with bright future in life. Due to the accidental injuries she is unable to sit, squat, walk sleep and could not study as she was doing prior to the accident. He further submits this accidental injuries would affect her marriage prospects also. It is the submission of appellant’s counsel that natural guardian of the appellant-claimant has spent Rs.3,31,048/- towards inpatient bills, and Rs.2,00,000/- towards medical expenses like food and nourishment, attendant charges and needs Rs.2,50,000/- for future medical expenses for her daughter and also produced advance medical bills. The Tribunal has not considered the same and sought to enhance the same.
4. The learned counsel for the respondent- insurance company sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. As per wound certificate, Ex.P.4 appellant has suffered head injury with extradual hematoma with acture renal failure with right 3rd nerve palsy (EDH) with CT brain was done, fracture of right partial bone, abrasion over the right knee. Injury No.1 is grievous in nature and injury No. 2 is simple in nature.
6. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little on lower side. Considering the age of the appellant, loss of education due to accident which affects her bright future, prospects of marriage and disfiguration, I am inclined to award a global compensation of Rs.1,50,000/-.
7. Accordingly, the appeal is allowed in part.
The appellant is entitled for a global compensation of Rs.1,50,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/-
ACTING CHIEF JUSTICE HR