Karnataka High Court
Smt Rani vs Sri Praveen B on 2 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:13334
MFA No. 5587 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.5587 OF 2015(MV-I)
BETWEEN:
SMT. RANI
W/O KUMARA,
AGED ABOUT 32 YEARS,
R/O K.HOSOOUR VILLAGE,
CHINAKURALI HOBLI,
PANDAVAPURA TALUK,
PIN-572 101.
...APPELLANT
(BY SRI. SRINIVAS., ADVOCATE FOR
SRI B.L.SANJEEV., ADVOCATE)
AND:
1. SRI. PRAVEEN.B
S/O BASAVEGOWDA,
AGE MAJOR,
D/NO./2/8, 5TH B CROSS,
Digitally signed by
THEJASKUMAR N 9TH MAIN, SRINIVASNAGARA,
Location: HIGH BANGALORE-560 050.
COURT OF
KARNATAKA
2. THE DIVISIONAL MANAGER,
ICICI LOMBARD MOTOR
INSURANCE COMPANY,
SARASWATHIPURAM,
NEAR FIRE BRIGADE,
MYSORE-22.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:16.07.2021;
BY SRI. B.PRADEEP., ADVOCATE FOR R2)
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NC: 2024:KHC:13334
MFA No. 5587 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:13.03.2015
PASSED IN MVC NO.557/2009 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, PANDAVAPURA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Srinivas., learned counsel on behalf of
Sri.B.L.Sanjeev., for the appellant and Sri.Pradeep.B., learned
counsel for respondent No.2 have appeared in person.
2. Though the appeal is listed today for admission, 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
with utmost care.
5. The point that requires consideration is whether the
Claimant is entitled for enhanced compensation?
NC: 2024:KHC:13334
6. Suffice it to note that the Tribunal extenso referred
to the material on record and awarded global compensation of
Rs.13,131/- (Rupees Thirteen Thousand One Hundred and
Thirty One only) with 9% 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 global compensation to
Rs.23,131/- (Rupees Twenty Three Thousand One Hundred and
Thirty One only) as against Rs.13,131/- (Rupees Thirteen
Thousand One Hundred and Thirty One only) awarded by the
Tribunal.
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed. The Judgment dated:13.03.2015 passed
NC: 2024:KHC:13334
by the in M.V.C No.557/2009 is modified holding
that the claimant is entitled for the enhanced global
compensation of Rs.10,000/- (Rupees Ten
Thousand only) with 6% interest per annum from
the date of the claim petition till the date of
realization.
2. The second respondent - Insurance
Company shall deposit the enhanced global
compensation along with 6% interest within a
period of two months from the date of receipt of
the certified copy of this Judgment.
3. The Registry to draw the modified award
accordingly.
4. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
