Karnataka High Court
Dilip vs S Vasanthakumar on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14935
MFA No. 7099 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.7099 OF 2014(MV-I)
BETWEEN:
DILIP
AGED ABOUT 19 YEARS,
S/O SHIVANNA,
AMRUTHI VILLAGE, MELUKOTE HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 431.
...APPELLANT
(BY SRI. P.NATARAJU., ADVOCATE)
AND:
1. S.VASANTHAKUMAR
MAJOR,
S/O LATE SRINIVASACHAR,
R/O JAKKANAHALLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 434.
Digitally signed by
THEJASKUMAR N
Location: HIGH 2. THE DIVISIONAL MANAGER,
COURT OF NATIONAL INSURANCE COMPANY LTD.,
KARNATAKA
NO.371/A, 3RD FLOOR,
PRESTIGE SHOPPING COMPLEX,
RAMASWAMY CIRCLE,
MYSORE-570 024.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED
BY SRI. A.K.BHAT., ADVOCATE FOR
SRI. JANARDHAN REDDY., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
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NC: 2024:KHC:14935
MFA No. 7099 of 2014
AGAINST THE JUDGMENT AND AWARD DATED:01.07.2013
PASSED IN MVC NO.57/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, MACT, PANDAVAPURA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.P.Nataraju., learned counsel for the appellant and
Sri.Janardhan Reddy., learned counsel for respondent No.2
have appeared in person.
2. Notice to the respondents was ordered on
14.07.2015. A perusal of the office note depicts that
respondent No.1 is served and unrepresented. He has neither
engaged the services of an advocate nor conducted the case as
party in person.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
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5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
6. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
This Court deems it appropriate to reassess the compensation
as under:-
1. Pain, shock and agony 31,000 + 14,000 Rs.45,000/-
2. Medical Expenses, 11,500 + 8,500 Rs.20,000/-
attendant, conveyance,
food, diet, nourishment
and other incidental
expenses
3. Disappointment and 5,000 + 15,000 Rs.20,000/-
discomfort and loss of
amenities
4. Loss of income during 5,000 X 3 Rs.15,000/-
laid up period
Total: Rs.1,00,000/-
(Less) Compensation awarded by the - Rs.47,500/-
Tribunal:
Enhanced compensation awarded by Rs.52,500/-
this Court:
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7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:01.07.2013
passed by the Court of Senior Civil Judge & J.M.F.C
& M.A.C.T., Pandavapura in M.V.C No.57/2011 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.52,500/- (Rupees Fifty Two
Thousand Five Hundred only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The Insurance Company shall deposit
the enhanced compensation amount along with 6%
interest within a period of two months from the
date of receipt of the certified copy of this
Judgment.
4. Needless to observe that the claimant is
not entitled for the interest for delayed period.
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5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
