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NC: 2024:KHC-D:2211
MFA No. 102759 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102759 OF 2014 (MV-I)
BETWEEN:
DADAPEER S/O. NABISAB,
AGE: 10 YEARS, MINOR,
M/G HIS REAL FATHER BY
NAME NABISAB S/O. RAJESAB MULLA @ YAMANUR,
AGE: 43 YEARS, OCC: AGRICULTURIST,
R/O: NEERLOOTI, TQ: GANGAVATHI, DIST: KOPPAL.
…APPELLANT
(BY SRI. M. AMAREGOUDA, ADVOCATE)
AND:
1. SHARANAYYASWAMY S/O. NAGAYYASWAMY,
AGE: 38 YEARS, OCC: DRIVER OF TRACTOR,
BEARING NO.KA-37/T-8592 AND
TRAILER BEARING NO.KA-37/8593,
R/O: KRADONI, TQ: GANGAVATHI,
DIST: KOPPAL.
2. MARIYAPPA S/O. LACHAMAPPA BANDI,
AGE: 47 YEARS, OCC: OWNER OF TRACTOR,
BEARING NO.KA-37/T-8592 AND TRAILER
Digitally signed BEARING NO.KA-37/8593
by SAMREEN
R/O: KARADONI, TQ: GANGAVATHI,
AYUB
DESHNUR
DIST: KOPPAL.
Date:
2024.02.03
3. THE BRANCH MANAGER,
12:58:18 +0530
UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE SANMAN TOURIST
COMPLEX ISLAMPUR, GANGAVATHI.
…RESPONDENTS
(BY SRI. S.S. KOLIWAD, ADVOCATE FOR R3;
R1 AND R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV ACT 1988, AGAINST JUDGMENT AND AWARD DTD:
20.01.2014, PASSED IN MVC.NO.121/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE & M.A.C.T. AT GANGAVATHI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:2211
MFA No. 102759 of 2014
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri M.Amare Gouda, advocate for appellant/
claimant and Sri S.S.Koliwad, advocate for respondent No.3/
Insurance Company.
2. Claimant is the appellant challenging the validity of the
judgment and award passed in MVC No.121/2012 dated
20.01.2014 on the file of the Senior Civil Judge and MACT,
Gangavathi, insofar as quantum of compensation is concerned.
3. Admitted facts are that claimant sustained accidental
injuries in the road traffic accident that occurred on 17.11.2011
at about 7.00 pm. When the claimant was playing outside the
Government Primary School, he met with an accident involving
Tractor Trailer bearing registration No.KA-37/T-8592 and 8593.
4. The claim petition, on contest came to be allowed in part
granting Rs.74,392/- as compensation.
5. Being aggrieved by the same, the claimant has preferred
the present appeal challenging the impugned judgment and
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MFA No. 102759 of 2014
award contending that the quantum of compensation is
inadequate.
6. Per contra, Sri S.S.Koliwad, advocate for the Insurance
Company supported the impugned judgment contending that
eight year old boy suffered injury, he is cured and he is now
enjoying life as normal person and sought for dismissal of the
appeal.
7. Taking note of the fact that eight year old boy suffered
abdominal injury, Tribunal awarded compensation in a sum of
Rs.74,392/-. On the head of pain and suffering only
Rs.20,000/- is awarded. On the head of loss of prospectus in
life only Rs.20,000/- is awarded, Rs.19,392/- is awarded
towards medical expenses, towards diet, nourishment,
attendant charges and conveyance Rs.15,000/- is awarded.
8. Instead of enhancing compensation on each and every
head, like loss of amenities and other aspects, enhancing the
compensation to Rs.1,25,000/- from Rs.74,392/- would meet
the ends of justice, taking note of the fact that boy was
inpatient for a period of 60 days.
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NC: 2024:KHC-D:2211
MFA No. 102759 of 2014
9. Accordingly, the following:
ORDER
(i) Appeal is allowed in part.
(ii) As against compensation in a sum of
Rs.74,392/- awarded by the Tribunal, the
claimant is entitled to Rs.1,25,000/- with
interest at the rate of 6% from the date of
claim petition till realization.
(iii) Balance amount to be deposited by
Insurance Company within a period of four
weeks from today.
Sd/-
JUDGE
kcm
List No.: 1 Sl No.: 47