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2020 DIGILAW 1661 (KAR)

Kumar Prakash @ Akshay v. Shanataram Jadhav

2020-09-02

S.R.KRISHNA KUMAR

body2020
JUDGMENT S.R. Krishna Kumar, J. - This appeal by the claimant is directed against the impugned judgment and award dated 29.04.2010 passed in MVC 2866/2007 by the Senior Civil Judge, Asst. Sessions Judge and Addl. MACT, Bai lhongal, (for short 'the Tribunal') whereby the tribunal awarded a sum of Rs.1,42,400/- together with interest @ 6% p.a. in favour of the minor-claimant towards injuries sustained by him in a rod traf fic accident that occurred on 15.03.2006. 2. I have heard the learned counsel for the claimant and learned counsel for the Insurance Company and perused the material on record. 3. Learned counsel for the claimant submits that the impugned judgment and award absolving the Insurance Company of its l iabi l ity to pay compensation and fastening the entire l iabi lity upon the owner of the of fending vehicle is contrary to the decision of the Apex Court in the case of Mukund Dewangan Vs Oriental Insurance Company Limited, (2017) AIR SC 3668 . It is also submitted that the meager quantum of compensation is contrary to the decisions of the Apex Court in the case of Mall ikarjun Vs Divisional Manager, National Insurance Company Limited And Another, (2014) 14 SCC 396 in relation to injuries sustained by the minor claimant. It is therefore submitted that the impugned judgment and award passed by the tribunal deserves to be set aside. 4. Per contra, learned counsel for the Insurance Company would support the impugned judgment and award. 5. As rightly contended by the learned counsel for the claimant the questions with regard to the l iabi l ity of the insurance company to pay compensation as well as the quantum of compensation payable towards injuries sustained by the minor claimant are ful ly covered by the aforesaid decision of the Apex Court in Mukund Dewangan's case and Mal l ikarjun's case supra. Accorindgingly, the impugned judgment and award deserves to be set aside. 6. The tribunal has recorded a f inding that the claimant incurred a disabi lity to an extent of 25% to his entire body. The tribunal has also awarded a sum of Rs.56,400/- towards medical expenses. Applying the law laid down in Mal likarjun's case supra, the total compensation payable in favour of the claimant is as under; Pain and suffering etc Rs.3,00,000/- Discomfort, Inconvenience to parents etc. The tribunal has also awarded a sum of Rs.56,400/- towards medical expenses. Applying the law laid down in Mal likarjun's case supra, the total compensation payable in favour of the claimant is as under; Pain and suffering etc Rs.3,00,000/- Discomfort, Inconvenience to parents etc. Rs.25,000/- Future medical expenses 25,000/- Medical expenses awarded by tribunal Rs.56,400/- Total Rs.4,06,400/- The tribunal having awarded a sum of Rs.1,42,400/-, the claimant is entitled to additional enhanced compensation of Rs.2,64,000/- together with interest @ 6% p.a. from the date of the claim petition til l real ization. 7. In the result, I pass the fol lowing; ORDER (a) The appeal is partly allowed. (b) The impugned judgment and award dated 29.04.2010 passed in MVC No.2866/2007 by the Civil Judge (Sr.Dn), Asst. Sessions Judge, Addl. MACT, Bai lhongal is modified. (c) The claimant is entitled to an additional enhanced compensation of Rs.2,64,000/- together with interest @ 6% p.a. from the date of the claim petition ti ll real ization. (d) The Insurance Company is directed to pay the entire compensation together with interest comprising of the compensation awarded by the tribunal as wel l as enhanced compensation awarded by this Court in favour of the claimant.