- 1 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22168 OF 2012 (MV-I) BETWEEN: KUMARI. SHEETAL GURUNATH PATIL, AGE: 13 YEARS, OCC: STUDENT, REP. BY HER FATHER SRI. GURUNATH LAXMAN PATIL, AGE: 44 YEARS, OCC: AGRICULTURE AND MILK VENDING, R/O: BIJAGARANI VILLAGE, TQ: AND DIST: BELAGAVI. …APPELLANT (BY SRI P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. SAGAR BASAVANT SAMBRAKAR, AGE: MAJOR, OCC: SERVICE, R/O: H.NO.317/B, LAXMI GALLI, HONGA, TQ. AND DIST. BELAGAVI. (OWNER OF THE HERO HONDA MOTOR CYCLE BEARING NO.KA-22/ED-1104) 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELAGAVI. (POLICY NO.350701319620123814 VALID FROM 23.11.2009 TO 22.11.2010) …RESPONDENTS (BY SRI P.H. PAWAR, ADVOCATE FOR R2; APPEAL AGAINST R1 IS DISMISSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.02.2012 IN MVC NO.1278/2010 PASSED BY THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND MACT., BELAGAVI, AT: BELAGAVI, AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal is filed by the claimant/appellant challenging the judgment and award dated 25.02.2012 passed in MVC No.1278/2010 by the Court of I Additional Senior Civil Judge and MACT, Belagavi (hereinafter referred to as ‘the Tribunal’ for short) thereby, the claim petition filed by the claimant for compensation is dismissed. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. The claimant/appellant is a minor girl of 11 years old met with an accident while she was playing in front of her house at that time the rider of the Hero Honda Splendor motorcycle bearing Reg.No.KA-22/ED-1104 came with high speed and in rash and negligent manner dashed the claimant. Due to which, the claimant had sustained injuries therefore, the claim petition filed for claiming compensation, - 3 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 but the Tribunal has dismissed the claim petition on the reason that there is delay of 5 days in lodging the complaint before the Police. 4. Heard the arguments from both sides and perused the material placed on records. 5. In the present case, the accident occurred on 20.12.2009 at about 9.00 am, and the complaint was lodged on 25.12.2009 before the Police. There is delay of 5 days in lodging the complaint. The delay alone cannot be the sole reason to reject the claim petition, it should be considered in the light of the facts and circumstances involved in each case. The Hon’ble Supreme Court in the case of RAVI VS. BADRI NARAYANA AND OTHERS1 has held that the delay cannot be made ground to reject the claim petition. 6. Though there is delay of 5 days in lodging the complaint before the Police, but Ex.P-7/wound certificate, proves the fact that the claimant was admitted to the hospital immediately after the accident with the history 1 (2011) 4 SCC 693 - 4 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 stating that the claimant sustained injuries in the road traffic accident that occurred on 20.12.2009 at 09.00 am. This indicates that from the very initial point of time she was admitted to the hospital. After the accident, the primary attention of the parents is to give treatment to the injured, rather lodging complaint before the Police. Under these circumstances there might be some delay in lodging complaint. 7. Further, upon perusing the Police documents, complaint, FIR, charge sheet and MV report, it is proved that the claimant had sustained injuries in the road traffic accident due to rash and negligent driving of the Hero Honda Splender motorcycle bearing Reg.No.KA-22/ED-1104. Therefore, in this regard, the order of dismissal of claim petition is liable to be set aside. 8. From the medical evidence on record, it is proved that the claimant had suffered following injuries: i. Fracture of middle 1/3rd of left tibia and fibula bones of the left leg. - 5 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 ii. Deformity of left leg with swelling of lower third of left leg & other grievous injuries. 9. PW-2 is the doctor, stated that the claimant had suffered 40% of permanent physical disability. Considering the nature of injuries sustained by the claimant, the assessment made by the doctor PW-2 that the claimant has suffered 40% of permanent physical disability towards left leg is not found to be exaggerated one. If 1/3rd of it taken that would become 13%. Under these circumstances, the claimant is entitled compensation under various heads by following the judgment of Hon’ble Supreme Court in the case of MASTER MALLIKARJUN VS. DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD.,2 10. Therefore, in the present case, the claimant had sustained physical disability of 13%. Hence, compensation awarded to the claimant under the various heads as following: 2 AIR 2014 SC 736 - 6 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 Head Compensation amount Pain and suffering already undergone and to be suffered in future, mental and physical shock hardship, inconvenience, and discomforts, etc. Rs.3,00,000/- Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization. Rs.25,000/- Medical and incidental expenses during the period of hospitalization. Rs.25,000/- Future medical expenses and incidental expenses for treatment. Rs. 25,000/- Total Rs.3,75,000/- 11. Therefore, the claimant is awarded a total compensation of Rs.3,75,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. Respondent No.2 is directed to deposit the compensation amount within eight weeks from the date of receipt of a copy of this judgment. 12. In the result, I proceed to pass the following: - 7 - NC: 2025:KHC-D:2933 MFA No. 22168 of 2012 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 25.02.2012 passed in MVC.No.1278/2010 by the I Additional Senior Civil Judge and Motor Accident Claims Tribunal, Belgaum, is hereby set aside. iii. The claimant is entitled for total compensation of Rs.3,75,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. Respondent No.2/Insurance Company shall deposit the compensation amount within a period of eight weeks from the date of receipt of copy of this judgment. v. No order as to costs. vi. Draw award accordingly. vii. Send back the Trial Court Records along with copy of this judgment to the Tribunal forthwith. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 60