Partly allowed

Sri Chikkanna v. M/S Balaji Painters & Decorators

Karnataka HC1 Mar 2014MFA/665/2011

Case brief

AI extract

What is this about?

This was a claimant's appeal filed under Section 173(1) of the Motor Vehicles Act to enhance compensation awarded for an accident on 31.12.2008. The Court allowed the appeal in part, granting an additional Rs.25,000/- towards loss of earning, medical expenses, and incidental charges, and directed the insurer to deposit the amount within three months with 6% interest.

What did the court decide?

Allowed addition of Rs.25,000/- with 6% interest towards loss of earning, medical expenses, and incidental charges; ordered deposit within three months.

Sri Chikkanna Vs M/S Balaji Painters & Decorators — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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Dated this the 1^st day of March, 2014

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Before

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THE HON'BLE MR JUSTICE HULUVADI G RAMESH

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Miscellaneous First Appeal 665 / 2011 (MV)

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Between

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Chikkanna S/o Kempaiah 46 yrs, Auto Driver R/o Gundappa Road Near Manjunatha Vegetable Shop Nagashettihalli, Bangalore Appellant

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(By Sri Suresh M Latur, Adv.)

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And

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1 Balaji Painters & Decorators # 741, 1^st A Cross, 18^th Main 6^th Block, Koramangala Bangalore

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2 Manager Tata AIG General Insurance Co Ltd 2^nd Floor, J P & Devi Jambukeshwar Arcade 69 Millers Road, Bangalore Respondents

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(By Sri A Ravishankar, Adv. For R2)

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First Appeal is filed under S.173(1) of the Motor Vehicles Act praying to modify the award dated 28.1.2010 in MVC 1539/2009 by the MACT, Bangalore.

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First Appeal coming on for Orders this day, the Court delivered the following:

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JUDGMENT

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This is a claimant's appeal for enhancement of compensation awarded by the MACT, Bangalore in MVC 1539/2009 on 28.1.2010.

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Claimant sustained injuries in the accident on 31.12.2008 around 3.45 p.m. when he was driving autorickshaw bearing No.KA 02 B 5930 towards Siddlingaiah Circle, Cubbon Park. At that time, the driver of the car bearing No.KA 01 MB 3469 came in a negligent manner and dashed against the autorickshaw from behind due to which, he sustained grievous injuries viz., fracture of the right ankle. On the claim petition filed, on the matter being contested, Tribunal raised relevant issues for consideration. After inquiry, holding that the accident was due to the negligence on the part of the driver of the car, awarded global compensation of Rs.25,000/-. Not satisfied with the quantum, this appeal.

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Heard the counsel representing the parties.

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As per the wound certificate, claimant sustained sutured wound over the lower 1/3^rd of the right leg. X Ray of the right ankle discloses soft tissue swelling around the ankle joint and medial malleolus extends to lower shaft. There is a bone deep wound and wound healing process takes more than twenty one days as also the fracture. The doctor has opined the injuries as grievous in nature.

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Having regard to the nature of injuries sustained,claimant would be awarded another Rs.25,000/- over and above what has been awarded by the Tribunal with 6% interest from the date of petition till deposit, which is towards loss of earning during period of treatment and rest, medical expenses and incidental charges. Insurer to deposit the amount in three months.

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Appeal is allowed in part.

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Sd/Judge

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Sri Chikkanna v. M/S Balaji Painters & Decorators

Case brief

What is this about?

What did the court decide?

Sri Chikkanna v. M/S Balaji Painters & Decorators

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

Case details

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