Smt.Salma Taj vs The Branch Manager
2023 Latest Caselaw 8744 Kant

Karnataka High Court

Smt.Salma Taj vs The Branch Manager on 28 November, 2023

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                                                           NC: 2023:KHC:42882
                                                         MFA No. 3391 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                            BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO.3391 OF 2013(MV-I)

                   BETWEEN:
                   SMT.SALMA TAJ
                   W/O SHABEER KHAN
                   AGED ABOUT 33 EYARS
                   R/AT KNS COLLEGE
                   9TH CROSS, HEGDE NAGAR
                   BANGALORE.
                                                                 ...APPELLANT
                   (BY SRI. K. V. SHYAMA PRASADA .,ADVOCATE)

                   AND:
                   1.    THE BRANCH MANAGER
                         THE NATIONAL INS. CO. LTD.,
                         NO.144, SHUBARAM COMPLEX,
                         M. G. ROAD, BANGALORE-560001.
                   2.    SRI. NITIN RAJU B.,
Digitally signed
by VINUTHA B             S/O BASAVARAJU B
S                        E-252, SOWMYA LADIES TAILOR
Location: HIGH
COURT OF                 PRIMARY SCHOOL ROAD,
KARNATAKA
                         NEAR KENNY SCHOOL,
                         JAKKUR, BANGALORE-64.
                                                               ...RESPONDENTS
                   (BY SRI. E.I. SANMATHI, ADVOCATE FOR R1;
                   V/O. DATED 07/03/2018; NOTICE TO R2 DISPENSED WITH)

                        THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
                   JUDGMENT AND AWARD DATED 19.1.2012 PASSED IN
                   MVC NO. 3204/2010 ON THE FILE OF THE 19TH ADDITIONAL
                   SMALL   CAUSES   JUDGE,   MACT,   BANGALORE,  PARTLY
                   ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
                   SEEKING ENHANCEMENT OF COMPENSATION.
                                 -2-
                                             NC: 2023:KHC:42882
                                         MFA No. 3391 of 2013




     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

Heard Sri.K.V.Shyam Prasada, learned counsel for

the appellant as well as Sri.E.I.Sanmathi, learned counsel

appearing for respondent No.1.

2. Service of notice upon respondent No.2 was

dispensed with.

3. Aggrieved by the quantum of compensation

awarded by the Motor Accidents Claims Tribunal,

Bengaluru through orders in MVC No.3204/2010 dated

19.01.2012, the present appeal is preferred.

4. The claim of the appellant as per the material

available on record is Rupees Ten lakhs. The Tribunal

through the impugned order granted compensation of

Rs.25,000/-. On this day when the learned counsel for the

appellant started his submission arguing in respect of

merits of the matter, learned counsel appearing for

respondent No.1 states that compensation granted can be

NC: 2023:KHC:42882

enhanced by another Rs.25,000/- and appeal may be

disposed of to that effect.

5. Learned counsel for the appellant graciously

seeks to dispose of the appeal with such enhancement.

6. Thus having regard to the consensus arrived at

by both the learned counsels, appeal is disposed of with

the following:

ORDER

(i) The compensation granted by Motor Accidents Claims Tribunal, Bengaluru through orders in MVC No.3204/2010 dated 19.01.2012 is enhanced from Rs.25,000/- to Rs.50,000/-.

(ii) The orders of the Tribunal in all other aspects holds good.

(iii) In light of the orders of this Court in I.A.No.1/2013 dated 13.03.2018, the appellant is not entitled for the interest on the delayed period of 338 days.

Sd/-

JUDGE NS CT:TSM