Partly allowed

Smt. Marekka W/O Late Ramanna v. Mohan Kumar S/O Veeramma

Karnataka HC26 Nov 2020MFA/104204/2017

Case brief

AI extract

What is this about?

The Single Judge allowed the appeal partly. The court ordered additional global compensation of Rs. 9,65,000 over the Tribunal's award, with interest at 6% per annum from the date of the petition until realization, excluding interest on the enhanced amount.

What did the court decide?

Appellants awarded additional global compensation of Rs. 9,65,000 with interest at 6% per annum from the date of the petition till realization.

Smt. Marekka W/O Late Ramanna Vs Mohan Kumar S/O… — Motor Accident Claims | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF NOVEMBER 2020

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PRESENT

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THE HON’BLE MR. JUSTICE G.NARENDAR

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AND

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THE HON’BLE MR. JUSTICE M.I.ARUN

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MFA No.104204/2017 (MV-D)

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BETWEEN:

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SMT. MAREKKA W/O. LATE RAMANNA, AGE 28 YEARS, HOUSEWIFE,

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MINOR S. HONNURSWAMY, S/O.LATE RAMANNA, 9 YEARS,

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STUDENT, SINCE MINOR REP. BY A1 AS GUARDIAN & MOTHER.

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S. SUNKAMMA W/O. S.MAREPPA,

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AGE: 58 YEARS,

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S. MAREPPA S/O LATE OBLAPPA, AGE: 63 YEARS, ALL ARE R/O NAGAPPA CAMP, HOSAPETE TALUK, BALLARI DIST – 583 101.

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…APPELLANTS

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(BY SRI. MANJUNATHA G. PATIL, ADV.)

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AND:

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MOHAN KUMAR

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S/O VEERAMMA, 24 YEARS,

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DRIVER OF THE INDICA CAR BEARING REG. NO.KA-35/A-8058, R/O 22^ND WARD, AZAD NAGAR, HOSAPETE, BALLARI DIST – 583 101.

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V.SHIVKUMAR, S/O RAJASHEKHAR, 38 YEARS, OWNER OF THE INDICA CAR BEARING REG.NO.KA-35/A-8058, R/O HAMSA SADAN, WARD NO.26, BEHIND PHOOL BUN SCHOOL, HOSAPETE, BALLARI DIST – 583 101.

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THE DIVISIONAL MANAGER, RELIANCE INSURANCE COMPANY LTD. BALLARI – 583 101.

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…RESPONDENTS

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(BY SRI. SURESH S. GUNDI, ADV. NOTICE TO R1 AND R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF M.V. ACT, 1988

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AGAINST THE JUDGMENT AND AWARD DATED 15.03.2016 PASSED IN MVC.NO.1429/2014 ON THE FILE OF THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL – II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ADMISSION, THIS DAY, G.NARENDAR J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard learned counsel for the appellant and learned counsel for the respondent – Insurer.

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Appeal is listed for admission and both the counsel submits that matter was settled in the pre-conciliation but on account of inadvertence, the joint memo could not be filed on the date of the Lokadalath.

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Both the counsel fairly submit that claimants are entitled for enhanced global compensation of Rs.9,65,000/- over and above the sum awarded by the Tribunal.

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The submissions of both the counsel is placed on record.

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Appeal is partly allowed and the appellants would be entitled to additional global compensation of Rs.9,65,000/- over and above the sum Rs.8,40,000/awarded by the Tribunal along with interest calculated

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at the rate of 6% per annum from the date of petition till the date of realization.

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It is made clear that the appellants would not be entitled to any interest for the enhanced compensation awarded by this Court.

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Office to draw decree accordingly.

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SD/JUDGE

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Sd/JUDGE

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MH/-

Smt. Marekka W/O Late Ramanna v. Mohan Kumar S/O Veeramma

Case brief

What is this about?

What did the court decide?

Smt. Marekka W/O Late Ramanna v. Mohan Kumar S/O Veeramma

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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