This Miscellaneous First Appeal by claimants against a Motor Accident Claims Tribunal award for Rs.5,85,000 was partly allowed. The court rejected the claim for total enhancement but granted an additional Rs.10,000 with interest.
Award of an additional Rs.10,000 with 6% interest from the date of petition till deposit, limited to the period up to judgment.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 09TH DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH
MISCELLANEOUS FIRST APPEAL NO.950 OF 2012(MV)
BETWEEN :
ALL ARE R/O D.NO.755, 2ND MAIN B B GARDEN ROAD K R MOHALLA, MYSORE
...APPELLANTS
( By Sri. R C NAGARAJ, ADV )
AND :
2
( By Sri.H S LINGARAJU, ADV FOR R3 )
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.9.2010 PASSED IN MVC NO.1188/2009 ON THE FILE OF III ADDITIONAL DISTRICT JUDGE AND MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
I.A.No.1/2012 is allowed. Delay of 385 days is condoned.
However, for the delay period, claimants are not entitled for interest on the enhanced amount of compensation.
wife, son and parents have filed the claim petition. The Tribunal, having held that the accident was due to the negligence on the part of the rider of the motorbike bearing No.KA 41 J 6364, which has dashed against the deceased while he was proceeding near Veterinary hospital, Mysore, and the deceased having sustained grievous injuries was admitted to JSS, Hospital, Mysore and later, succumbed to the
4
injuries on the same day, has awarded a total compensation of Rs.5,85,000/-. Being not satisfied, the claimants are before this Court.
is seen that the Tribunal has taken the income of the deceased on the proper side. There is no scope for enhancement. However, another Rs.10,000/- is awarded over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit. Insurer
to deposit the amount in three months.
Appeal is allowed in part.
Sd/JUDGE
Bkp
2 issues framed by the court
Whether the claim for enhancement of compensation in a motor vehicle accident case should be allowed.
Whether interest is payable on the enhanced compensation amount for the period of delay.
M Premalatha and others
Baajaj Alliance General Insurance Co Ltd
Huluvadi G.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
