Pavani v. Mr.Sridhar

NC:(2026:KHC:14865( MFA(No.(6738(of(2014( ( , ,,HC-KAR( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(12 (DAY(OF(MARCH,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA(

MISCELLANEOUS(FIRST(APPEAL(NO.(6738(OF(2014((MV)(

( BETWEEN:(( ( PAVANI, D/O,LATE,GOPALA,SHETTY, AGED,ABOUT,TWO,YEARS, MINOR,, REPRESENTED,BY,HER,GUARDIAN,, MOTHER,SMT,VANITHA,SHETTY, W/O,LATE,GOPALA,SHETTY, AGED,ABOUT,28,YEARS, R/O,HEBBAGILUMANE, BALKUR,VILLAGE,&,POST, Digitally KUNDAPURA,TALUK-576219, signedtiby , NIRMALA …APPELLANT, DEVI (BY,SRI.,,HAREESH,BHANDARY,T,,ADVOCATE), Location: , HIGH AND:(COURT0OF KARNATAKA (

1., MR.SRIDHAR, S/O,RAJANNA, AGED,ABOUT,29,YEARS, R/AT,HANUMAIAH,HOUSE, BEHIND,GOVT,HIGH,SCHOOL, YANTAGANAHALLI,POST, NELAMANGALA,TALUK, BANGALORE,RURAL,DISTRICT-560109, NC:(2026:KHC:14865( MFA(No.(6738(of(2014( ( , ,,HC-KAR( ( ( ,

2., SRI,UMESH,GOWDA, S/O,LATE,M,R,RANGAPPA, AGED,ABOUT,42,YEARS, R/O,SWAMY,&,SWAMY,, TOURS,&,TRAVELS, VIDYA,NAGAR, SIRA,TALUK, TUMKUR,DISTRICT-577202, ,

3., THE,BRANCH,MANAGER, THE,IFFCO,TOKIO,GENERAL,, INS,CO,LTD, IFFCO,SADAN,,, C1,DISTRICT, CENTER,SAKET, NEW,DELHI-110017, , …RESPONDENTS, (BY,SRI.H.S.,LINGARAJU,,ADVOCATE,FOR,R3, ,NOTICE,TO,R1,&,R2,IS,DISPENSED,, ,WITH,V/O,DTD,20.01.2015), , , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT,AND,AWARD,DATED,21.08.2014,,PASSED,IN,MVC, NO.638/2013, ON, THE, FILE, OF, THE, SENIOR, CIVIL, JUDGE,, MEMBER,,ADDITIONAL,MACT,,KUNDAPURA,,PARTLY,ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT,OF,COMPENSATION., ,, , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , , CORAM:, HON'BLE,MR.,JUSTICE,C.M.,POONACHA,

ORAL JUDGMENT

¶1The above appeal is filed by the claimant represented by her natural guardian - mother under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated

21.08.2014 passed in MVC No.638/2013 by the Senior Civil Judge and Additional MACT., Kundapura1, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `1,03,970/- together with interest at 6% p.a. Being aggrieved, the present appeal is filed by the claimant seeking for enhancement of compensation.

¶2The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

¶3Heard the submissions of Sri Hareesh Bhandary T., learned counsel for the appellant/claimant and Sri H.S.Lingaraju, learned counsel appearing for respondent No.3-insurer.

1 Hereinafter referred to as 'Tribunal'

¶4It is forthcoming that the injured was a one year old child as on the date of the accident i.e., as on 14.03.2013. The claim petition was filed by the mother of the injured as a guardian of the child. The child was treated as an inpatient from

14.03.2013 to 20.03.2013 i.e., for a period of seven days. The child sustained fracture of left clavicle and other simple injuries. The Doctor was not examined. The Tribunal awarded compensation as under: Sl.No. Heads Amount awarded by the Tribunal (`)

¶1Pain and agony 35,000.00

¶2Medical expenses 30,970.00

¶3Food and nourishment 4,000.00

¶4Conveyance and attendant charges 4,000.00 Loss of amenities 30,000.00

Total 1,03,970.00

¶5It is clear that the compensation towards food and nourishment and conveyance charges are on the lower side. The compensation towards pain and agony is also on the lower side.

¶6In the aforesaid factual matrix, interest of justice would be met if a lump sum compensation of `30,000/- is awarded in addition to the compensation awarded by the Tribunal.

¶7It is noticed that the Tribunal has awarded interest at 6% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

¶8In view of the aforementioned, the following:

i) The above appeal is partly allowed;

ii) The judgment and award dated 21.08.2014 passed in MVC.No.638/2013 by the Senior Civil Judge and Addl. MACT., Kundapura is hereby modified only to the extent of directing that the claimant shall be entitled to a further compensation of `30,000/- together with interest at 7% p.a., from the date of petition till date of payment in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) Respondent No.3 - Insurance Company shall deposit the enhanced compensation together with accrued interest within a period of six weeks;

iv) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the claimant digitally after proper identification;

v) The Registry to draw the modified award accordingly;

vi) Records be transmitted to the Tribunal forthwith; No costs.

Pending interlocutory applications are also disposed of.

Sd/- (C.M. POONACHA) JUDGE

BS List No.: 1 Sl No.: 25