The High Court allowed an appeal under Section 173(1) of the MV Act, enhancing compensation from Rs. 54,570 to Rs. 4,39,120 with interest for an accident victim who suffered grievous injuries including fractures.
Enhanced compensation of Rs. 4,39,120 granted with interest at 6% per annum from the date of petition till deposit.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.4559/2019 (MV)
BETWEEN:
KUMAR, S/O LATE MANJUNATHA, AGED ABOUT 27 YEARS, GARE WORK, R/O. PURADA ROAD, KALLESHWARA EXTENSION, HOSADURGA TOWN, NOW RESIDING AT ADANUR VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526. … APPELLANT
(BY SRI N.K. SIDDESHWARA, ADVOCATE)
AND:
(BY SRI A.R. LAKSHMI NARAYANA, ADVOCATE FOR R-2; VIDE ORDER DATED 17.04.2021 NOTICE TO R-1 IS DISPENSED WITH)
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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2018 PASSED IN MVC.NO.709/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR HEARING THROUGH VIDEO CONFERENCE THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is filed challenging the judgment and award dated 24.11.2018 passed in M.V.C.No.709/2017 on the file of the Senior Civil Judge and JMFC, Holalkere (‘the Tribunal’ for short) questioning the quantum of compensation.
rankings before the Tribunal to avoid the confusion and for the convenience of the Court.
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policy. The Tribunal after considering both oral and documentary evidence placed on record, allowed the claim petition in part awarding compensation of Rs.54,570/-. Being aggrieved by the same, the claimant has filed this appeal before this Court.
learned counsel for respondent No.2.
for the appellant and the learned counsel for the respondent No.2, the point that arise for the consideration of this Court is:
that the claimant was an inpatient for a period of 62 days and the Tribunal has committed an error in awarding Rs.19,570/under the head attendant charges, food and nourishment and other incidental expenses including conveyance. The learned counsel would submit that an amount of Rs.13,500/- was spent in shifting the injured from Hosadurga to Wenlock Hospital,
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Mangalore. Having considered the period of treatment, it is appropriate to award an amount of Rs.45,000/- under the head other incidental expenses including conveyance, food and nourishment and attendant charges.
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future loss of income comes to Rs.2,85,120/- (Rs.11,000/- x 12 x 18 x 12%).
In all, the claimant is entitled for a compensation of Rs.4,39,120/- as against Rs.54,570/-.
following:
ORDER
Sd/JUDGE
MD
2 issues framed by the court
Whether the Tribunal committed an error in not awarding just and reasonable compensation and whether the Court requires interference?
Whether the quantum of compensation awarded by the Tribunal requires enhancement under the Motor Vehicles Act?
1 provisions across 1 enactments
Kumar, S/O Late Manjunatha
Syed Navaj Ulla
The New India Assurance Co. Ltd.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
