Partly allowed

Siddu @ Siddanna S/O Annarao Malagatti v. Umadevi W/O Siddabasayya Hiremath Anr.

Karnataka HC7 Jan 2014MFA/30413/2012

Case brief

AI extract

What is this about?

In this miscellaneous first appeal against an order enhancing compensation in a motor accident case, the High Court held that a global compensation of Rs.25,000 was just and proper for the injuries sustained. The appeal was partly allowed, and the insurer was directed to pay the enhanced amount with interest.

What did the court decide?

Modified the judgment and award; directed the insurer to pay a sum of Rs.25,000 in total with interest at 6% p.a. from the date of the petition.

Siddu @ Siddanna S/O Annarao Malagatti Vs Umadevi… — Motor Accident Claims | Karnataka HC (2014)

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MFA 30413/12

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IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH

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DATED THIS THE 7TH DAY OF JANUARY, 2014

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BEFORE:

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.30413OF 2012[MV]

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BETWEEN:

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Siddu @ Siddanna,
S/o. Annarao Malagatti,
Age: 33 years,
Occ: Driver,
R/o. Jorapur Peth,
Bijapur-586 101. … APPELLANT/S

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 [By Sri. Bapugouda Siddapa, Adv.]

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AND:

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1.Umadevi,
W/o. Siddabasayya Hiremath,
Age: major,
Occ: Owner of the vehicle,
R/o. Desai Chawl,
Shashtri Nagar,
Torvi Road,
Bijapur-586 101.

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2.The Branch Manager,
Oriental Insurance Co. Ltd.,
S.S. Front Road,
Bijapur-586 101. … RESPONDENT/S

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 [By Sri. J. Augustin, Adv. for R2.
 Notice to R1 is dispensed with
 V.C.O. dated 02.01.2014.]

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***

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MFA 30413/12

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This MFA is filed under Section 173(1) of M.V.
Act, against the Judgment and Award dated 01.08.2011
passed in M.V.C. No.408/2008 on the file of the
M.A.C.T. and Fast Track Court-I/II at Bijapur,
partly allowing the petition and seeking for
enhancement of compensation.

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This MFA coming on for Admission, this day the
Court delivered the following:

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JUDGMENT

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The appellant dissatisfied with the amount of

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compensation awarded by the Tribunal for the
injuries sustained, has filed this appeal, seeking
enhancement.

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2. The facts reveal that the appellant met

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with an accident on 02.11.2007 due to the rash and
negligent driving of the goods autorickshaw. As a
result he suffered simple injuries. The Tribunal
after recording the evidence has granted global
compensation of Rs.12,000-00. Dissatisfied with the
amount, the appellant has approached this Court in
the appeal.

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3. I have heard learned counsel for the

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parties.

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MFA 30413/12

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4. As could be seen from the injury

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certificate-Ex.P4 made available by learned counsel
for the appellant, the appellant has sustained 3
injuries:

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1. Lacerated wound over the medial aspect of right foot measuring 7 cm. X 1 cm. deep and bleeding.

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2. Abrasion over the right leg.

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3. A blunt injury over the chest measuring 3 cm x 4 cm.

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X-ray was taken and no fracture was seen. The
appellant was not examined by the doctor. So,
taking into consideration the nature of the injury
suffered and the fact that the appellant has
undergone treatment at least for few days, a global
compensation of Rs.25,000-00 appears to be just and
proper.

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In the result, the appeal is allowed in part,
modifying the Judgment and Award of the Tribunal.
The Insurer is directed to pay a sum of Rs.25,000-00

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MFA 30413/12

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in total as the compensation with interest at 6%
p.a. from the date of the petition till its payment.

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 Sd/-

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Ksm*

Siddu @ Siddanna S/O Annarao Malagatti v. Umadevi W/O Siddabasayya Hiremath Anr.

Case brief

What is this about?

What did the court decide?

Siddu @ Siddanna S/O Annarao Malagatti v. Umadevi W/O Siddabasayya Hiremath Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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