Karnataka High Court
Sri Gangaiah vs Chidananda N on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15470
MFA No. 2607 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 2607 OF 2014 (MV)
BETWEEN:
SRI. GANGAIAH
S/O LATE KARIYAPPA,
AGED ABOUT 37 YEARS,
R/O ADAGUR VILLAGE,
KASABA HOBLI,
GUBBI TALUK-572 216.
TUMKUR DISTRICT.
...APPELLANT
(BY SMT. JAMADAGNI.P.S., ADVOCATE FOR
SRI. M.B.CHANDRACHOODA., ADVOCATE)
AND:
1. CHIDANANDA.N
Digitally signed by S/O NAGARAJAIAH,
PREMCHANDRA M R AGED ABOUT 33 YEARS,
Location: HIGH R/O NO.10, VOKKODI VILLAGE,
COURT OF
KARNATAKA SIDDARTHANAGAR POST,
TUMKUR TALUK AND
TUMKUR DISTRICT-572 216.
2. BAJAJ ALLIANZ GENERAL
INSURANCE CO. LIMITED,
BRANCH OFFICE,
BAGIC, K.N.V.COMPLEX,
4TH CROSS, IDYANAGAR,
B.H.ROAD, TUMKUR-572 101.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. O.MAHESH., ADVOCATE FOR R2)
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NC: 2024:KHC:15470
MFA No. 2607 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:12.12.2013
PASSED IN MVC NO.847/2009 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND ADDITIONAL MACT-XII, GUBBI.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Jamadagni.P.S., learned counsel on behalf of
Sri.M.B.Chandrachooda., for the appellant has appeared in
person.
Sri.O.Mahesh., learned counsel for respondent No.2 has
appeared through video conferencing.
2. Notice to the respondents was ordered on
18.06.2014. A perusal of the office note depicts that
respondent No.1 is served and unrepresented. Respondent
No.1 has neither engaged the services of an advocate nor
conducted the case as a party in person.
3. Though the appeal is listed today for admission, it is
heard finally.
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4. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
5. 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.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
7. 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.
8. Therefore, this Court deems is appropriate to re-
assess the compensation as under:-
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1. Pain and Sufferings 9,000 + 6,000 Rs.15,000/-
2. Medical Expenses 5,000 Rs.5,000/-
3. Loss of future income 86,400 Rs.86,400/-
due to permanent
disability
4. Attendant Charges, 5,000 Rs.5,000/-
Food and nourishment
5. Loss of income during 4,500 Rs.4,500/-
laid up period
Reassessed compensation: Rs.1,15,900/-
Rounded off to: Rs.1,16,000/-
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:12.12.2013
passed by the Court of the Senior Civil Judge and
Addl. MACT, Gubbi in M.V.C No.847/2009 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the
reassessed compensation of Rs.1,16,000/- (Rupees
One Lakh Sixteen Thousand only) with interest at
the rate of 6% per annum from the date of the
claim petition till the date of realization.
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3. The second respondent Insurance
Company shall deposit the reassessed
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
