Karnataka High Court
Sri Basavalingappa vs Sri Arun Kumar on 7 March, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:9672
MFA No. 5882 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 5882 OF 2022 (MV-I)
BETWEEN:
SRI BASAVALINGAPPA,
S/O LATE KENCHAPPA,
AGED ABOUT 46 YEARS,
R/AT HUNASANAHALLI VILLAGE,
KAILANCHA HOBLI,
RAMANAGARA TALUK AND DIST.
...APPELLANT
(BY SRI. RAJU S., ADVOCATE)
AND:
1. SRI ARUN KUMAR,
S/O LAKSHMANA,
R/AT NO.3546, WARD NO.20
THURUPALAYA,
Digitally signed RAMANAGARA TOWN AND DIST-572 159.
by V KRISHNA
Location: High 2. SRI RAM GENERAL INSURANCE CO LTD.,
Court of S-5, 2ND FLOOR, MUNARCH CHAMBERS,
Karnataka
INPRETTY ROAD,
BENGALURU-560 001.
REPTD BY ITS BRANCH MANAGER.
...RESPONDENTS
(BY SRI. B.C. SHIVANNEGOWDA.,ADVOCATE FOR R2;
VIDE ORDER DATED 01.02.2024 NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.01.2022 PASSED IN MVC
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NC: 2024:KHC:9672
MFA No. 5882 of 2022
NO. 597/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT,
RAMANAGARA, 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
This appeal is preferred by the claimant challenging the
judgment and award dated 29.01.2022 passed by Additional
Motor Accidents Claims Tribunal and III Additional District and
Sessions Judge, Ramanagara (for short 'the tribunal') in
MVC.No.597/2017.
2. Having heard learned counsel for appellant-
claimant, the point that would arise for consideration:
(i) Whether the claimant is entitled for
enhancement of compensation?
3. The occurrence of accident, involvement of the
vehicle, injuries sustained by the claimant are established by
production of Exs.P1 to P12. There are simple injuries.
Therefore, the tribunal has awarded global compensation of
Rs.20,000/- along with interest at 6% p.a. As there is no
NC: 2024:KHC:9672
disability, the Doctor has not been examined to assess any
discomfort for the claimant in his work.
4. No material is placed before the Court to show any
serious discomfort, disability or hardship having been caused
other than simple injuries by the appellant. Considering the
facts and circumstances of the case and submission put forth
by the learned counsel for the appellant, this Court is of the
opinion that additional amount of Rs.25,000/- would be
awarded to meet the ends of justice. Accordingly, in all, the
claimant would be entitled to total compensation of
Rs.45,000/-.
5. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 29.01.2022 passed
by Additional Motor Accidents Claims Tribunal and
III Additional District and Sessions Judge,
Ramanagara in MVC.No.597/2017 is modified;
iii) The claimant would be entitled to a sum of
Rs.45,000/- with interest @ 6% p.a.
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iv) The enhanced compensation amount shall be paid
by the respondent-Insurance Company within a
period of four weeks from the date of receipt of a
copy of this order;
v) The compensation amount shall be released in
favour of the claimant upon proper verification;
vi) All other terms and conditions stipulated by the
tribunal shall stand intact.
Sd/-
JUDGE
AM
