Karnataka High Court
Mr A.S.Nagaraj vs Mr.K.Jagadish on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14934
MFA No. 2454 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.2454 OF 2014(MV-I)
BETWEEN:
MR. A.S.NAGARAJ
S/O LATE SUBBARAYA SETTY @
SUBBAIAH SETTY,
AGED ABOUT 61 YEARS,
RETIRED JUDGEMENT WRITER,
JUDICIAL DEPARTMENT,
SRIGANDHA NILAYA,
BEHIND: IBP PETROL BUNK,
JAYANAGAR, CHIKMAGALUR-577 101.
...APPELLANT
(BY SRI. RAGHAVENDRA PRASAD.M.S., ADVOCATE)
AND:
1. MR.K.JAGADISH
S/O KALLAAPPA.D,
AGED ABOUT 40 YEARS,
Digitally signed by
THEJASKUMAR N DRIVER OF AUTO BEARING NO.KA18/A 4801,
Location: HIGH NALLOR, CHIKMAGALUR TALUK-577 101.
COURT OF
KARNATAKA
2. M/S. UNITED INDIA INSURANCE COMPANY LIMITED,
BRANCH OFFICE: PB NO.114,
CRESCENT COURT, K.M.ROAD,
CHIKMAGALUR-577 101.
3. M/S. ORIENTAL INSURANCE COMPANY LTD.,
BRANCH OFFICE: BASAVANAHALLI MAIN ROAD,
CHIKMAGALUR DISTRICT-577 101.
...RESPONDENTS
(NOTICE TO R1&2-DISPENSED WITH V/O DATED:06.02.2015;
BY SRI.M.U.POONACHA., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:14934
MFA No. 2454 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:29.11.2013
PASSED IN MVC NO.106/2013 ON THE FILE OF THE II
ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, AT
CHIKMAGALUR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.M.U.Poonacha., learned counsel for respondent No.2
has appeared in person.
2. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
3. 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
with utmost care.
4. The point that requires consideration is whether the
Claimant is entitled for enhanced compensation?
NC: 2024:KHC:14934
5. Suffice it to note that the Tribunal extenso referred
to the material on record and awarded global compensation of
Rs.10,000/- (Rupees Ten Thousand only) with 6% interest per
annum from the date of petition till realization. However,
looking into the nature of injuries sustained by the claimant in
the accident, this Court deems it appropriate to enhance the
global compensation to Rs.25,000/- (Rupees Twenty Five
Thousand only) as against Rs.10,000/- (Rupees Ten Thousand
only) awarded by the Tribunal.
6. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed. The Judgment dated:29.11.2013 passed
by the Court of II Addl. District Judge and Member,
MACT, Chikmagalur in M.V.C No.106/2013 is
modified holding that the claimant is entitled for
the enhanced global compensation of Rs.15,000/-
(Rupees Fifteen Thousand only) with 6% interest
per annum from the date of the claim petition till
the date of realization.
NC: 2024:KHC:14934
2. The second respondent Insurance
Company shall deposit the enhanced global
compensation along with 6% interest within a
period of two months from the date of receipt of
the certified copy of this Judgment.
3. The Registry to draw the modified award
accordingly.
4. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
