This court dismissed a Miscellaneous First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against an award of Rs.39,000/- in a fatal accident case, holding the compensation and other heads to be just, reasonable, and supported by record materials.
The appeal was dismissed; No costs awarded to either party.
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.
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 25TH DAY OF JULY 2013
BEFORE
THE HON’BLE MR.JUSTICE S. ABDUL NAZEER
MISCELLANEOUS FIRST APPEAL NO.30319/2012 (MV)
Between:
Shashikala W/o Ramesh, Aged about 32 years, Occ;Kirana Business, R/o Basavanagar Colony, Bidar Dist. …. Appellant.
(By Sri M. Ashok Kumar, Adv.)
And:
(By Smt.H.Sumitra, Adv. for R2 Notice to R1 dispensed with)
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This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 8.9.2011 in MVC No.200/2008 on the file of the Presiding Officer FTC-I & Addl. MACT, Bidar, etc.
This Miscellaneous First Appeal coming on for Admission this day, the Court delivered the following:
JUDGMENT
This appeal by the claimant is directed against the judgment and award in MVC No.200/2008 dated 8.9.2011 on the file of the Presiding Officer FTC-I & Addl. MACT, Bidar whereby the Tribunal has awarded total compensation of Rs.39,000/- with interest at 6% per annum from the date of the petition till the date of deposit.
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not been examined. The claimant has not even produced the disability certificate. Though the claimant contends that she has spent more than Rs.25,000/- towards medical expenses, she has failed to establish the same. On the basis of the materials on record, the Tribunal has awarded compensation of Rs.15,000/-. The compensation awarded under other heads is also just and reasonable. There is no merit in this appeal. It is accordingly dismissed.
vakalath on behalf of the second respondent-Insurance Company
within eight weeks from today. No costs.
Sd/JUDGE.
BMM/-
2 issues framed by the court
Whether the compensation awarded by the Tribunal on all heads, especially medical expenses, is just and reasonable.
Whether the appellant has established the quantum of medical expenses claimed.
1 provisions across 1 enactments
Shashikala W/o Ramesh
Mr. Dashrath S/o Gyanoba Kamble
United India Insurance Co. Ltd.
S. Abdul Nazeer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
