Sri G Sanjay vs Sri Renukaprasad A
2022 Latest Caselaw 1077 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF JANUARY, 2022

                             BEFORE

        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

MISCELLANEOUS FIRST APPEAL NO.1550 OF 2019 (MV-I)

BETWEEN:

       SRI G. SANJAY
       S/O. GOVINDASWAMY G. M.,
       AGED ABOUT 23 YEARS,
       RESIDING AT NO.135, 6TH G ROAD,
       MARUTHI BHAVAN ROAD,
       CHUNCHAGHATTA MAIN ROAD,
       GANAPATHIPURA,
       KONANAKUNTE POST,
       BENGALURU-560 062.
                                                 ... APPELLANT
       (BY SRI SHRIPAD V. SHASTRI, ADV.)

AND:

1.     SRI RENUKAPRASAD A.
       MAJOR,
       S/O. ANJANAPPA,
       NO.72, DODDA THIMMASANDRA,
       SARJAPURA, ANEKAL A MEDIHALLI,
       BENGALURU-562 125.

2.     TATA AIG GENERAL INSURANCE CO. LTD.
       NO.69, II FLOOR, JAMBUKESHWARA ARCADE,
       MILLERS ROAD,
       BENGALURU-560 052.
                                               ... RESPONDENTS
       (BY SRI B. PRADEEP, ADV., FOR R-2, &
           NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER
           DATED 24-1-2022)

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     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 6-12-2018 PASSED IN M.V.C.
NO.1700 OF 2017 ON THE FILE OF THE VIII ASCJ & XXXIII ACMM,
MEMBER, MACT, BENGALURU, [SCCH-5], PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

    THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

                      JUDGMENT

This is an appeal filed at the instance of the claimant

seeking enhancement of the compensation awarded at

Rs.4,47,000/- with interest thereon at the rate of 9% per

annum by judgment and award dated 6-12-2018 in M.V.C.

No.1700 of 2017 passed by VIII Additional Small Causes

Judge and the Motor Accident Claims Tribunal, Bengaluru.

2. After hearing the learned counsel on both sides and

taking into consideration the year of the accident and the fact

that the Tribunal has taken notional income of the injured at

a lower amount, namely Rs.8,000/-, and also laid up period

is taken only for one month, the inevitable conclusion is that

some enhancement of the compensation the claimant is

entitled to.

3. After discussion, learned counsel on both sides

submit that a sum of Rs.1,17,620/- may be awarded as

enhanced compensation over and above the compensation

awarded by the Tribunal with interest at the rate of 6% per

annum.

4. Accordingly, the claimant is entitled for enhanced

compensation of Rs.1,17,620/- (Rupees one lakh seventeen

thousand six hundred and twenty only) over and above the

compensation awarded by the Tribunal with interest thereon

at the rate of 6% per annum from the date of petition till the

date of payment.

5. Time to deposit the above amount is eight weeks'

from the date of receipt of a certified copy of this judgment.

Appeal allowed accordingly and to the above extent.

Sd/-

JUDGE

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