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    Indurani v. Subair A

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 3RDDAY OF MARCH, 2016

    BEFORE

    THE HON'BLE MR.JUSTICE RAM MOHAN REDDY M.F.A. No.8592 OF 2012 (MV)

    BETWEEN:

    INDURANI

    D/O KRISHNEGOWDA

    AGED ABOUT 4 YEARS

    SINCE MINOR

    REPRESENTED BY

    NATURAL GUARDIAN

    HER FATHER KRISHNEGOWDA

    R/O KARAKANAHALLY VILLAGE

    YELWALA HOBLI

    MYSORE TALUK & DISTRICT - 571 130.

    ... APPELLANT

    (By Sri. RUDRAPPA P, ADV.,)

    AND:

    1. SUBAIR A

    S/O KUJAMUD HAJI M

    AGED 32 YEARS

    PRABHATH AGENCIES,

    KANJUDU SOUTH

    KASARAGUDU DISTRICT

    KERALA - 671 121.

    2

    2. ABDHUL KAREEM

    S/O MOHIDDEEN E

    AGED 46 YEARS

    R/O ERAMBATH HOUSE

    KALLUVAYAL SULTHAN

    BATTERI, WYNAD

    KERALA- 671 123.

    3. UNITED INDIA INSURANCE COMPANY LTD.,

    BRANCH OFFICE

    NURNAL BUILDING

    CHUNGAM SULTHAN BATTERI

    BRANCH OFFICE SITUATED

    AT CHAMUNDIPURAM

    MYSORE - 570 004.

    REPRESENTED BY

    ITS BRANCH MANAGER

    ... RESPONDENTS

    (NOTICE TO R1 NOT ORDRED; NOTICE TO R2 DISPENSED WITH V/O DATED 30/7/2015 ) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

    173(1) OF MV ACT AGAINST THE JUDGMENT OF AWARD

    DATED: 30.12.2011 PASSED IN MVC NO.1177/2011 ON THE FILE OF THE PRESIDING OFFICER, & ADDITIONAL

    MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION

    FOR COMPENSATION AND SEEKING ENHANCEMENT OF

    COMPENSATION & ETC.,

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE

    COURT DELIVERED THE FOLLOWING:

    3

    J U D G M E N T

    The claimant in MVC 1177/2011 dissatisfied with the quantum of compensation by the common Judgment and award dated 30.12.2011 in MVC Nos.1174/2011 and 1177/2011 of the Presiding Officer FTC-IV and Addl. MACT, Mysore, for short 'MACT', has preferred this appeal for enhancement of compensation.

    2. In the accident that occurred on 25.12.2008 involving a motor vehicle belonging to 1strespondent, insured with the 3rdrespondent, the claimant, a minor aged 4, suffered fracture of the right femur mid shaft, as indicated in the wound certificate, Ex.P10 and was an inpatient from 25.12.2008 to 6.1.2009 for 13 days and once again for a day on 11.2.2009, whence `91,947/- was incurred as medical expenses as disclosed in the medical bills Exs.P11, P12 and P23. The MACT having regard to the material on record awarded `15,000/- towards pain and agony and `91,747/- towards medical treatment including medical expenses, attendant

    4

    charges, food and nourishment and conveyance, totaling to `1,06,747/- with interest at 6% p.a. by the Judgment and award impugned.

    3. It is no doubt true that the claimant is a child, aged 4, who suffered fracture of the bone and was an inpatient in the hospital for 14 days requiring an attendant, being either of the parents and therefore, the MACT was not justified in not awarding just compensation towards attendant charges, since according to the MACT, the medical bill for 13 days was `67,558/- and for one day it was `11650/-, while the medical bills and prescriptions disclose expenditure of `11,147/- which when put together is `90,355/-. In other words, the attendant charges, food and nourishment and conveyance of `1,300/- is awarded. In my considered opinion, the appellant is entitled to `10,000/- towards attendant charges, food and nourishment and conveyance charges in addition to what is awarded.

    5

    4. The child has undergone the trauma of a broken bone and the award of `15,000/- towards pain and suffering is on the lower side and therefore, it is just and proper to award `25,000/- in addition to what is awarded.

    5. There is no medical evidence to establish either scarring or disfigurement muchless permanent disability and in that view of the matter, there is no need to award compensation under the said head. In the result, this appeal is allowed in part. The Judgment and award impugned insofar as it relates to MVC 1177/2011 is modified entitling the appellant to `35,000/- with interest at 6% p.a. in addition to what is awarded and in all other respects remains unaltered. Sd/-

    JUDGE

    ln

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    Indurani v. Subair A
    (Mar 3, 2016)