Karnataka High Court
Sri.Basheerahmed S/W Abdulnabi vs Mohammadhasan S/O ... on 3 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:8277-DB
MFA No. 101664 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO. 101664 OF 2019 (MV-I)
BETWEEN:
SRI.BASHEERAHMED S/O. ABDULNABI DIDDI,
AGED ABOUT 64 YEARS, OCC: RETIRED EMPLOYEE,
R/O: BHAIRIDEVARKOPPA, HUBBALLI, DIST:DHARWAD.
...APPELLANT
(BY SRI. VIJAY S.CHINIWAR, ADVOCATE)
AND:
1. MOHAMMADHASAN S/O. KHWAJMAINUDDIN MULLA,
AGED ABOUT 40 YEARS, OCC: OWNER OF CAR NO KA-25,
Z-4979, R/O PLOT NO.1, HORKERI PLOTS,
AMARGOL, HUBBALLI.
2. CHOLAMANDALAM M/S GENERAL INSURANCE CO. LTD,
KALBURGI SQAURE, DESHPANDE NAGAR, HUBBALLI,
DIST:DHARWAD.
Digitally signed
by JAGADISH T R
Location: HIGH
COURT OF ...RESPONDENTS
KARNATAKA
Date: 2023.08.09
11:46:29 +0530 (BY SRI.S.K.KAYAKAMATH, ADVOCATE FOR R2;
R1-SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 24.01.2019 PASSED
IN MVC NO.590/2013 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MOTOR ACCUDENT CLAIMS
TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:8277-DB
MFA No. 101664 of 2019
JUDGMENT
This appeal by the claimant in MVC No.590/2013 on the
file of learned I Addl. Senior Civil Judge and Member, Addl.
MACT, Hubballi, whereby the claim petition filed by the
appellant/claimant seeking compensation for the injuries
sustained in a road traffic accident that occurred on 16.05.2013
was partly allowed by the Tribunal, awarding compensation of
Rs.1,88,100/- with interest at 6% per annum from the date of
claim petition till date of realization in favour of the
appellant/claimant.
2. A perusal of the material on record will indicate that
the Tribunal has come to the conclusion that the
appellant/claimant was entitled to a sum of Rs.1,88,100/- by
way of compensation. However, since the quantum of
compensation awarded by the Tribunal under various heads
inadequate and on the lower side, we deem it just and
appropriate to direct payment of Rs.1,00,000/- in addition to
compensation already awarded by the Tribunal, without
interest by way of global compensation payable by the
2nd respondent/Insurance Company within a period of six weeks
from the date of receipt of certified copy of this judgment.
NC: 2023:KHC-D:8277-DB
MFA No. 101664 of 2019
3. In the result, the appeal is hereby partly allowed.
The impugned judgment and award passed by the Tribunal is
hereby modified directing the 2nd respondent/Insurance
Company to pay an additional sum of Rs.1,00,000/- by way of
global compensation without interest to the appellant/claimant
in addition to the compensation awarded by the Tribunal within
a period of six weeks from the date of receipt of certified copy
of this judgment.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
