Karnataka High Court
Hemanth P T vs Sannaiah on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:15653
MFA No. 4366 of 2015
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.4366 OF 2015(MV-I)
BETWEEN:
HEMANTH.P.T.
S/O THIMMAIAH.P.K.
AGED ABOUT 33 YEARS,
R/AT NO.75, 6TH CROSS,
CHAMUNDESHWARINAGAR,
LAGGERE, BANGALORE-560 058.
AND ALSO AT
AVANDUR VILLAGE AND POST,
MADIKERI TALUK,
KODAGU DISTRICT-571 201.
...APPELLANT
(BY SMT. SINCHANA., ADVOCATE FOR
SRI. KUMARA.K.G., ADVOCATE)
AND:
Digitally signed by 1. SANNAIAH
THEJASKUMAR N
Location: HIGH
S/O ERAMMA,
COURT OF GOLLARAHATTY,
KARNATAKA
JODI CHIKKANNA HALLI,
CHITRADURGA TALUK-577 501.
2. UNITED INDIA INSURNACE CO. LTD.,
NO.34/3, AKKAMAHADEVI ROAD,
M.M.K.COMPLEX, 2ND FLOOR,
P.J.EXTENSION, DAVANAGERE-577 002.
...RESPONDENTS
(R1-APPEAL AGAINST ABATED V/O DATED:22.02.2021;
BY SRI. A.M.VENKATESH., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:15653
MFA No. 4366 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:13.10.2014
PASSED IN MVC NO.8280/2011 ON THE FILE OF THE XXI
A.C.M.M & XXIII A.S.C.J, MACT, BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Sinchana., learned counsel on behalf of
Sri.Kumara.K.G., for the appellant and Sri.A.M.Venkatesh.,
learned counsel for respondent No.2 have appeared in person.
2. Though the appeal is listed today for dismissal, it is
heard finally.
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.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident. Therefore, this Court deems it
appropriate to reassess the compensation as under:
1. Loss of future income 10,11,840 Rs.10,11,840/-
2. Pain and suffering 25,000 + 10,000 Rs.35,000/-
3. Loss of income during 45,000 Rs.45,000/-
laid up period
4. Conveyance and 5,000 + 10,000 Rs.15,000/-
nourishment
5. Medical bills 3,41,347 Rs.3,41,347/-
6. Future medical 25,000 Rs.25,000/-
expenses
Total: Rs.14,73,187/-
(Less) Compensation awarded by the -Rs.14,53,187/-
Tribunal:
Enhanced compensation awarded by Rs.20,000/-
this Court:
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7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:13.10.2014
passed by the MACT, Court of Small Causes,
Bengaluru (SCCH-25) in M.V.C No.8280/2011 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.20,000/- (Rupees Twenty
Thousand 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. The Registry to draw the modified award
accordingly.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
