Karnataka High Court
Sri Balaram Singh vs Mr Shiva L on 5 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:9239
MFA No. 6124 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6124 OF 2016(MV-I)
BETWEEN:
SRI. BALARAM SINGH
S/O LATE RAMSINGH,
AGED ABOUT 34 YEARS,
R/A 9/2, ARTILLERY ROAD,
1ST CROSS, NEAR 515 ARMY SCHOOL,
GOWTHAMPURAM, HALASURU,
BANGALORE-560 008.
...APPELLANT
(BY SRI. GURUDEVA PRASAD.K.T., ADVOCATE)
AND:
MR. SHIVA.L
S/O LAKSHMANA.V
MAJOR,
NO.53/1, CORPORATION LANE,
Digitally signed by
N.C.COLONY, P.S.K.NAIDU ROAD,
THEJASKUMAR N DODDIGUNTA ROAD, COXTOWN,
Location: HIGH BANGALORE-560 005.
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI. T.A.BASAVARAJU., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 26.11.2015
PASSED IN MVC NO.459/2015 ON THE FILE OF THE V
ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MEMBER,
MACT, MAYO HALL UNIT, BENGALURU.
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NC: 2024:KHC:9239
MFA No. 6124 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Gurudeva Prasad.K.T., learned counsel for the
appellant has appeared in person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and ranking before the Tribunal.
4. It is the case of the claimant that on the 6th day of
August 2014, at about 12:30 pm., he was proceeding as a
pedestrian and when he reached near Artillery road,
Gouthamapura, Halasuru, Bangalore, a motorcycle bearing
Registration No.KA-03/HH-059 hit him. Due to the impact, he
sustained grievous injuries. Immediately, he was shifted to
Commando Hospital, wherein he took treatment as an in-
patient. Contending that the accident occurred due to the rash
and negligent riding of the motorcycle, the claimant filed claim
petition seeking compensation.
NC: 2024:KHC:9239
In response to the notice, the respondent appeared
through his counsel and filed written statement and denied the
petition averments and prayed for dismissal of the petition.
Based n the above pleadings, the Tribunal framed Issues,
parties led evidence and marked the documents. The Tribunal
vide Judgment dated:26.11.2015 allowed the petition in part. It
is this Judgment that is called into question in this appeal on
several grounds as set-out in the Memorandum of appeal.
5. Learned counsel for the appellant has urged several
contentions. Heard, the contentions urged on behalf of the
appellant and perused the appeal papers with utmost care.
6. The point that requires consideration is whether the
Claimant is entitled for enhanced compensation?
7. The facts are sufficiently stated and do not require
reiteration. Suffice it to note that the Tribunal extenso referred
to the material on record and awarded global compensation of
Rs.25,000/- (Rupees Twenty Five Thousand only) with interest
at the rate of 9% per annum from the date of petition till the
date of its realization. However, looking into the nature of
injuries sustained by the claimant in the accident, this Court
NC: 2024:KHC:9239
deems it appropriate to enhance the global compensation to
Rs.50,000/- (Rupees Fifty Thousand only) as against
Rs.25,000/- (Rupees Twenty Five Thousand 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.
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed. The Judgment dated:26.11.2015 passed
by the Motor Accidents Claims Tribunal & V Addl.
Judge, Court of Small Causes, Mayohall Unit,
Bengaluru in M.V.C No.459/2015 is modified
holding that the claimant is entitled for the
enhanced global compensation of Rs.25,000/-
(Rupees Twenty Five Thousand only) with interest
NC: 2024:KHC:9239
at the rate of 6% per annum from the date of the
claim petition till the date of realization.
2. The respondent 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 the claimant is
not entitled for the 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
TKN
