Kumara vs B Madhu
2024 Latest Caselaw 9692 Kant

Karnataka High Court

Kumara vs B Madhu on 3 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                              NC: 2024:KHC:13567
                                                         MFA No. 5538 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 3RD DAY OF APRIL, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.5538 OF 2015(MV-I)
                      BETWEEN:

                      KUMARA
                      S/O GUJJEGOWDA,
                      AGED ABOUT 47 YEARS,
                      R/O CHALLANAHALLI VILLAGE,
                      BILIKERE HOBLI, HUNSUR TALUK,
                      MYSORE DISTRICT-570 004.
                                                                    ...APPELLANT
                      (BY SRI. VEERESH.K., ADVOCATE FOR
                          SRI. CHANDRASHEKAR.H.B., ADVOCATE)

                      AND:

                      1.    B.MADHU
                            S/O LATE BASAVA NAYAK,
                            AGED ABOUT 39 YEARS,
                            R/O THAYUR VILLAGE,
                            NANJANGUD TALUK,
Digitally signed by
THEJASKUMAR N               MYSORE DISTRICT-570 015.
Location: HIGH
COURT OF
KARNATAKA             2.    THE DIVISIONAL MANAGER,
                            UNITED INDIA INSURANCE COMPANY,
                            NO.442/3/4, 2ND FLOOR,
                            NEAR RAMASWAMY CIRCLE,
                            MYSORE-570 001.
                                                                 ...RESPONDENTS
                      (R1-SERVED AND UNREPRESENTED;
                        BY SRI. B.A.RAMAKRISHNA., ADVOCATE FOR R2)

                             THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
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                                                NC: 2024:KHC:13567
                                             MFA No. 5538 of 2015




AGAINST THE JUDGMENT AND AWARD DATED:19.09.2011
PASSED IN MVC NO.142/2011 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT, AT HUNSUR.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION,       THIS   DAY,   THE     COURT     DELIVERED      THE
FOLLOWING:
                           JUDGMENT

Sri.Veeresh.K., learned counsel on behalf of

Sri.Chandrashekar.H.B., for the appellant and

Sri.B.A.Ramakrishna., learned counsel for respondent No.2

have appeared in person.

Notice to respondents was ordered on 10.08.2015. A

perusal of office note depicts that respondent No.1 is served

and unrepresented. He has neither engaged the services of an

advocate nor conducted that case as an party 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

NC: 2024:KHC:13567

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?

6. Suffice it to note that the Tribunal extenso referred

to the material on record and awarded compensation of

Rs.35,000/- (Rupees Thirty Five 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 to Rs.50,000/- (Rupees Fifty

Thousand only) as against Rs.35,000/- (Rupees Thirty Five

Thousand only) awarded by the Tribunal.

7. Hence, the following:

ORDER

1. The Miscellaneous First appeal is

allowed. The Judgment dated:19.09.2011 passed

by the Fast Track Court, Hunsur in M.V.C

No.142/2011 is modified holding that the claimant

is entitled for the enhanced compensation of

NC: 2024:KHC:13567

Rs.15,000/- (Rupees Fifteen 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. 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