The High Court of Karnataka condoned a 211-day delay in filing an appeal to enhance motor accident compensation and partially allowed the appeal, modifying the award to Rs. 5,08,000 with 6% interest.
Compensation enhanced to Rs. 5,08,000 with 6% interest from the date of petition; insurer directed to deposit within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10th DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH
M.F.A. NO.4913 OF 2012 (MV-SJ)
Between:
(By Shri.K. Shashikiran Shetty, Adv.)
And :
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(Owner of Maruthi Omni Van Bearing No.KL-12,C-7119)
(By Shri. Madanna, Adv. for R3, R1 dispensed with)
This MFA filed under Section. 173(1) of MV Act against the judgment and award dated : 03.06.2011 passed in MVC No.63/2010 on the file of the Senior Civil Judge, Nanjangud, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Hearing this day, the Court delivered the following
J U D G M E N T
The delay of 211 days in preferring this appeal is condoned, subject to the condition that the claimant shall not be entitled for interest for the delay period on the enhanced compensation.
Notice to respondent no.1 is dispensed with.
enhancement of the compensation against the award
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passed by the Senior Civil Judge, Nanjangud in MVC No.63/2010, on 03.06.2011.
deceased Giriyaiah was walking on the left side of the road near BegurHobli Village Gundulpet Taluk, a maruthi van bearing Registration No.KL-12-C-7119, came in a negligent manner and dashed to the deceased. As a result, the deceased sustained grievous injuries and succumbed to the injuries. The claimants are the wife and son of the deceased.
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.4,500/-, and after deducting 1/3<sup>rd</sup> , the claimants would be entitled for a sum of .4,68,000/- (3000 x 12 x13) towards ‘loss of dependency’ and another .40,000/towards ‘conventional heads’. Thus, the claimants would be entitled for a sum of .5,08,000/- in modification of the award of the Tribunal with 6% interest from the date of petition till deposit. The insurer to deposit the amount in three months.The appeal is allowed in part.
Sd/JUDGE
JJ*
2 issues framed by the court
Whether the delay in filing the appeal should be condoned.
Whether the compensation awarded by the proceedings court should be enhanced.
1 provisions across 1 enactments
Smt. Puttthayamma
Siddaraju
Noushad A.K.
Sunny
United India Insurance Co. Ltd.
HULUVADI G.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court