Karnataka High Court
Sri R Devaraju vs V Giri Kumar on 11 January, 2024
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NC: 2024:KHC:1973
MFA No. 747 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 747 OF 2012 (MV-I)
BETWEEN:
SRI. R. DEVARAJU,
AGED ABOUT 47 YEARS
S/O RAMAIAH,
RESIDING AT CHOODENAHALLI,
VANKANAHALLI POST,
KASABA HOBLI, ANEKAL TALUK,
BANGALORE URBAN DIST. - 562 106.
...APPELLANT
(BY SRI. P. SHIVA KUMAR, ADVOCATE)
AND:
1. V. GIRI KUMAR,
AGED ABOUT 36 YEARS,
S/O T. VENKATESHAPPA,
RESIDING AT CHOODENAHALLI,
VANAKANAHALLI POST,
KASABA HOBLI, ANEKAL TALUK,
Digitally BANGALORE URBAN DISTRICT - 562 106.
signed by
BHARATHI S
Location: 2. TATA AIG GENERAL INSURANCE CO. LTD.,
HIGH KANIJA BHAVANA, 5TH FLOOR,
COURT OF
KARNATAKA WEST ENTRANCE, RACE COURSE ROAD,
BANGALORE - 01.
ALSO AT NO. 69, 2ND FLOOR,
BIVE JAMBHU KESHWAR ARCADE
MILLERS ROAD, BANGALORE - 52.
...RESPONDENTS
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2;
R1 - VIDE COURT ORDER DATED 16.12.2021 SERVICE OF
NOTICE IS DISPENSED WITH)
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NC: 2024:KHC:1973
MFA No. 747 of 2012
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 14.10.2011 PASSED IN MVC
NO.5334/2010 ON THE FILE OF XXI ACMM & XXIII ASCJ,
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging the
judgment and award date 14.10.2011 passed in
MVC.No.5334/2010 on the filed of XXI ACMM & XXIII ASCJ,
Bengaluru (hereinafter referred as 'Tribunal'), seeking for
enhancement for the compensation.
2. For the sake of convenience parties herein are referred
to as per their ranking before the Tribunal.
3. The appellant - claimant filed a claim petition claiming
a compensation for the injuries sustained in a road traffic
accident dated 06.03.2010. The Tribunal upon an appreciation
of the oral and documentary evidence on record has awarded a
global compensation of `6,000/- along with interest at the rate
of 6% per ammun and directed Respondent No.2 insurer to pay
compensation awarded. Seeking for enhancement of the
quantum of compensation, the present appeal is filed.
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4. It is forthcoming from the wound certificate (Ex.P.5)
that the claimant had suffered injury to the right hand i.e., the
web between the little finger and ring finger. Further, he has
suffered fracture of the left little finger. It is forthcoming from
the discharge summary (Ex.P.8) that the claimant was treated
as an in-patient from 06.03.2010 to 12.03.2010 i.e., for a
period of six days. The doctor has not been examined. The
claimant has produced the medical prescriptions (Ex.P.9) and
the bills from Srinivasa Nursing Home (Ex.P.10) which
demonstrate the medical expense incurred is `23,500/-.
However, the claimant has not examined the doctor and the
nature and period of treatment are not forthcoming.
5. The Tribunal while appreciating the testimony of PW.1
has notice that in the cross-examination PW.1 has admitted
that he has not sustained any injury in the left little finger.
Hence, the Tribunal has recorded a finding that the Petitioner is
not trustworthy and that he has not suffered any grievous
injuries in the accident.
6. In view of the aforementioned, it is just and proper
that the above appeal is partly allowed by awarding a global
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compensation of `10,000/- in addition to the amount awarded
by the Tribunal.
7. In view of the aforementioned, following order is
passed;
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 14.10.2011 passed in
MVC.No.5334/2010 on the filed of XXI ACMM & XXIII
ASCJ, Bengalu, is modified to the extent stated
herein. In all other respects, the judgment and award
of the Tribunal remain unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation of `10,000/- with interest at 6% per
annum from the date of petition till its realization in
addition to the compensation by the Tribunal;
iv) Respondent No.2 - Insurance Company is directed to
deposit the said compensation together with accrued
interest within a period of six weeks from the date of
receipt of a copy of this judgment;
v) After deposit, the entire enhanced compensation with
accrued interest shall be disbursed to the
appellant/claimant;
vi) The Registry to draw the modified award accordingly.
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vii) No costs.
SD/-
JUDGE
CT: BHK
