Case Note & Summary
The appellant, Radhika, a minor aged 2½ years, represented by her father Krishna, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident on 3.6.2011. The accident occurred when the minor was crossing the road near Peepul Tree, Dr. Ambedkar Jnanaloka 2nd Main Road, Metagalli, and a canter bearing registration No.KA-09/A-1983, driven rashly and negligently, dashed against her. She fell down and sustained injuries, was initially treated at JSS Hospital, Mysuru, and later shifted to Victoria Hospital, Bengaluru, where she underwent treatment as an inpatient. The Tribunal in MVC No.1001/2011 awarded Rs.1,13,000/- with interest at 6% p.a. The appellant challenged the award seeking enhancement. The High Court, after considering the evidence and submissions, found that the compensation was on the lower side. The court noted that the minor had sustained grievous injuries and required future medical expenses. The court enhanced the compensation to Rs.2,00,000/- with interest at 6% p.a. from the date of petition till deposit. The appeal was allowed in part.
Headnote
A) Motor Vehicles Act - Compensation for Minor - Enhancement of Compensation - Section 173(1) MV Act - The appellant, a minor aged 2½ years, sustained injuries in a road accident due to rash and negligent driving of a canter. The Tribunal awarded Rs.1,13,000/- with 6% interest. The High Court enhanced the compensation to Rs.2,00,000/- considering medical expenses, pain and suffering, and future medical expenses. Held that the compensation awarded was on the lower side and required enhancement (Paras 2-8).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper or requires enhancement.
Final Decision
The appeal is allowed in part. The compensation is enhanced from Rs.1,13,000 to Rs.2,00,000 with interest at 6% p.a. from the date of petition till deposit. The respondent insurance company is directed to deposit the enhanced amount within four weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for injuries to minor
- Medical expenses
- Pain and suffering
- Conveyance and attendant charges
Case Details
2019 LawText (KAR) (05) 7
MFA NO. 11320/2012 (MV-GEN)
Sri. P. Nataraju (for appellant), Sri. D. S. Sridhar (for respondent 2)
G. Deenadayal, The Divisional Manager, IFFCO TOKIO General Insurance Company Ltd.
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Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal seeking enhancement of compensation for injuries sustained by a minor in a road accident.
Remedy Sought
Enhancement of compensation from Rs.1,13,000 to a higher amount.
Filing Reason
The appellant contended that the compensation awarded by the Tribunal was on the lower side.
Previous Decisions
The Tribunal in MVC No.1001/2011 awarded Rs.1,13,000 with 6% interest.
Issues
Whether the compensation awarded by the Tribunal is just and proper or requires enhancement.
Submissions/Arguments
The appellant argued that the compensation awarded is inadequate considering the injuries, medical expenses, and future suffering.
The respondent insurance company supported the Tribunal's award.
Ratio Decidendi
The compensation awarded by the Tribunal was on the lower side and required enhancement considering the nature of injuries, medical expenses, pain and suffering, and future medical expenses of the minor.
Judgment Excerpts
The appellant has challenged the impugned judgment and award passed by the court below in MVC No.1001/2011 dated 1.9.2012, awarding compensation in a sum of Rs.1,13,000/- with interest at 6% p.a., contending that the compensation awarded is on the lower side and sought for enhancement of compensation urging various grounds.
The factual matrix of this appeal is as under: It is stated in the claim petition that on 3.6.2011 at about 4.15 p.m., while the minor petitioner was crossing the road near Peepul Tree, Dr.Ambedkar Jnanaloka 2nd Main Road, Metagalli from North to South, the offending vehicle namely the canter bearing registration No.KA-09/A-1983 came from East to West in a rash and negligent manner and dashed against the petitioner.
Procedural History
The appellant filed a claim petition before the Motor Accident Claims Tribunal, Mysuru (MVC No.1001/2011). The Tribunal partly allowed the petition and awarded Rs.1,13,000 with 6% interest on 1.9.2012. The appellant filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988 before the High Court of Karnataka.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
