Karnataka High Court
Mr. Imran Khan vs Raghu G.R on 18 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15188
MFA No. 4847 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4847 OF 2015(MV-I)
BETWEEN:
MR. IMRAN KHAN
S/O IBRAHIM KHAN,
AGED ABOUT 28 YEARS,
RESIDING AT NO.16, JANNATH AMBER,
RESIDENCY (GROUND FLOOR),
1ST MAIN, BRINDAVAN EXTENSION,
AREKERE MICO LAYOUT,
BANNERGHATTA ROAD,
BANGALORE-560 076.
...APPELLANT
(BY SRI. I.G.LALKHANAWAR., ADVOCATE)
AND:
Digitally signed by 1. RAGHU.G.R.
THEJASKUMAR N S/O G.N.RAMAKRISHNA,
Location: HIGH MAJOR,
COURT OF
KARNATAKA RESIDING AT BALAJI NILAYA,
1ST CROSS, ASHOKA NAGAR,
TUMKUR-572 102.
(OWNER OF THE LORRY).
(BY PLEADER SRI DLP).
2. THE RELIANCE GENERAL INSURANCE CO. LTD.,
NO.28, EAST WING,
CENTENARY BUILDING,
5TH FLOOR, M.G.ROAD,
BANGALORE-560 001.
BY ITS MANAGER.
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NC: 2024:KHC:15188
MFA No. 4847 of 2015
(INSURER OF THE LORRY
BY PLEADER SRI. ANP)
3. THE MANAGING DIRECTOR,
N.E.K.S.R.T.C. GULBARGA,
(OWNER OF THE BUS),
(BY PLEADER SRI MSB).
...RESPONDENTS
(BY SRI. K.S.RAGHAVENDRA., ADVOCATE FOR R1;
SRI. H.S.LINGARAJ., ADVOCATE FOR R2;
SRI. F.S.DABALI., ADVOCATE FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:16.03.2015
PASSED IN MVC NO. 3398/2013 ON THE FILE OF THE MOTOR
VEHICLES ACCIDENT CLAIMS TRIBUNAL, BANGALORE (SCCH-
IV).
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.I.G.Lalkhanawar., learned counsel for the appellant
and Sri.H.S.Lingaraj., learned counsel for respondent No.2
have appeared in person.
2. Though the appeal is listed today for admission, it is
heard finally.
NC: 2024:KHC:15188
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.
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.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident.
Therefore, this Court deems it appropriate to re-asses the
compensation as under:-
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1. Pain and Sufferings 50,000 + 50,000 Rs.1,00,000/-
2. Medical Expenses 57,000 Rs.57,000/-
3. Loss of 5 permanent 50,000 Rs.50,000/-
teeth
4. Nourishment 10,000 Rs.10,000/-
5. Conveyance and 5,000 Rs.5,000/-
attendant charges
6. Loss of marriage 25,000 Rs.25,000/-
prospectus
7. Loss of career 50,000 Rs.50,000/-
opportunities
8. Loss of amenities 25,000 Rs.25,000/-
Total: Rs.3,22,000/-
Rounded off to: Rs.3,25,000/-
(Less) Compensation awarded by the -Rs.2,72,000/-
Tribunal:
Enhanced compensation awarded by Rs.53,000/-
this Court:
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:16.03.2015
passed by the Court of Motor Vehicles Accident
Claims Tribunal, Bangalore (SCCH-14) in M.V.C
NC: 2024:KHC:15188
No.3398/2013 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.53,000/- (Rupees Fifty Three
Thousand only) with interest at the rate of 6% per
annum from the date of the claim petition till the
date of realization.
3. The second respondent - 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. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
