Karnataka High Court
Raghu vs Eshwara on 22 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15807
MFA No. 6115 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6115 OF 2010(MV-I)
BETWEEN:
RAGHU
S/O LATE RAMALINGEGOWDA,
AGED ABOUT 20 YEARS,
HALLIKEREHUNDI (MELLAHALLI),
MYSORE TALUK.
...APPELLANT
(BY SRI. LOKESH.D.K., ADVOCATE FOR
SRI. P.NATARAJU., ADVOCATE)
AND:
1. ESHWARA
S/O NEELEGOWDA,
MAJOR, NAGUVANAHALLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT.
Digitally signed by
PREMCHANDRA M R 2. PUTTACHENNAIAH
Location: HIGH
COURT OF MAJOR, S/O B.MARICHENNAIAH,
KARNATAKA KARIGATTA ROAD, GANJAM,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT.
3. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
CSI THEJAS COMPLEX, I FLOOR,
SAYYAJI RAO ROAD, MYSORE.
...RESPONDENTS
(BY SRI. VEERABHADRASWAMY.H.P., ADVOCATE FOR R1;
SRI. JANARDHAN REDDY., ADVOCATE FOR R3;
R2-SERVED AND UNREPRESENTED)
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NC: 2024:KHC:15807
MFA No. 6115 of 2010
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:17.04.2009
PASSED IN MVC NO. 316/2006 ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT, IV AND
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Lokesh.D.K., learned counsel on behalf of
Sri.P.Nataraju., for the appellant and Sri.Janardhan Reddy.,
learned counsel for respondent No.3 have appeared in person.
2. Notice to the respondents was ordered on
23.10.2021. A perusal of the office note depicts that
respondent No.2 is served. Respondent No.2 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
with utmost care.
6. The point that requires consideration is whether the
Claimant is entitled for enhanced compensation?
7. Suffice it to note that the Tribunal extenso referred
to the material on record and awarded global compensation of
Rs.43,000/- (Rupees Forty Three 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 compensation by Rs.54,181/- (Rupees Fifty Four
Thousand One Hundred and One only).
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed. The Judgment dated:17.04.2009 passed
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by the Presiding Officer, Fast Track Court - IV and
MACT, Mysore in M.V.C No.316/2006 is modified
holding that the claimant is entitled for the
enhanced compensation of Rs.54,181/- (Rupees
Fifty Four Thousand One Hundred and One only).
2. The third respondent - Insurance
Company shall deposit the enhanced compensation
within a period of two months from the date of
receipt of the certified copy of this Judgment.
3. Needless to observe that claimant is not
entitled for interest for delay period.
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
