Karnataka High Court
Shambulinga vs Mr. S.D. Girish on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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MFA No. 4115 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. 4115 OF 2014 (MV)
BETWEEN:
SHAMBULINGA
S/O NINGAIAH,
AGED ABOUT 55 YEARS,
R/AT KIRANAHALLY VILLAGE,
PERIYAPATNA TALUK,
MYSORE DISTRICT-570 001.
...APPELLANT
(BY SMT. MOHANA KUMARI., ADVOCATE FOR
SRI. ABUBACKER SHAFI., ADVOCATE)
AND:
1. MR. S.D.GIRISH
S/O DORESWAMY,
AGED ABOUT 26 YEARS,
R/AT BELATHUR VILLAGE,
Digitally signed by NANDINATHAPURA,
THEJASKUMAR N MYSORE DISTRICT-570 001.
Location: HIGH DRIVER OF THE VEHICLE.
COURT OF BEARING REG.NO.KA-45-3069.
KARNATAKA
2. B.H.VENKATESH
S/O K.M.HONNAGIRIGOWDA,
AGED ABOUT 48 YEARS,
R/AT BELATHUR VILLAGE,
NANDINATHAPURA,
MYSORE DISTRICT-570 001.
OWNER OF THE VEHICLE
BEARING REG.NO.KA-45-3069.
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MFA No. 4115 of 2014
3. BAJAJ ALLIANZ INSURANCE CO. LTD.,
NO.363, SRI. HARI COMPLEX,
RAMAVILASA ROAD,
MYSORE-570 024.
(POLICY NO.OG-11-1705-1803-00000042
VALID FROM 07-04-2010 TO 06-04-2011).
...RESPONDENTS
(BY SRI. P.M.GOPI., ADVOCATE FOR
SRI. P.M.SIDDAMALLAPPA., ADVOCATE R1 AND R2;
SRI. H.S.LINGARAJ., 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:26.12.2011
PASSED IN MVC NO.520/2011 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT, HUNSUR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Mohana Kumari., learned counsel on behalf of
Sri.Abubacker Shafi., for the appellant, Sri.P.M.Gopi., learned
counsel on behalf of Sri.P.M.Siddamallappa., for respondents 1
and 2 and Sri.H.S.Lingaraj., learned counsel for respondent
No.3 have 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
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behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
4. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
5. 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. Pain and Sufferings, 35,000 + 15,000 Rs.50,000/-
loss of amenities and
future unhappiness
2. Medical Expenses 14,112 Rs.14,112/-
3. Nourishment, Attendant 15,000 Rs.15,000/-
and conveyance,
charges etc.,
Reassessed compensation: Rs.79,112/-
Rounded off to: Rs.80,000/-
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6. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:26.12.2011
passed by the Fast Track Court, Hunsur in M.V.C
No.520/2011 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the
reassessed compensation of Rs.80,000/- (Rupees
Eighty Thousand only) with 6% interest per annum
from the date of the claim petition till the date of
realization.
3. The second respondent - owner of the
offending vehicle 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. 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
