Partly allowed

Bagesh Kumar Sharma v. Bajaj Alianz General Insurance Co. Ltd.

Karnataka HC1 Jun 2021MFA/7133/2018

Case brief

AI extract

What is this about?

This appeal under Section 173(1) of the Motor Vehicles Act was filed by the claimant seeking enhancement of compensation. The High Court enhanced the compensation amount by a further sum of Rs.85,000/- along with interest and partly allowed the appeal.

What did the court decide?

Compensation enhanced by Rs.85,000/- with interest at 6% p.a. from date of petition till realization.

Bagesh Kumar Sharma Vs Bajaj Alianz General Insurance Co… — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST OF JUNE 2021

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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M.F.A. NO.7133 OF 2018 (MV-I)

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BETWEEN:

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BAGESH KUMAR SHARMA @BAGESH KUMAR S/O.RAMESHWAR SHARMA AGED ABOUT 39 YEARS R/AT NO.5, ASHISH BUILDING NEAR R R BAKERY, ANNASANDRAPALYA BENGALURU – 560 017 ... APPELLANT

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(BY SRI SRINIVASA T.P , ADVOCATE)

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AND:

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BAJAJ ALIANZ GENERAL INSURANCE CO. LTD

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GOLDEN HEIGHTS 4^TH FLOOR

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NO.1/2, 59^TH ‘C’ CROSS,

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^TH ‘M’ BLOCK RAJAJINAGAR

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BANGALORE-560 010

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REP. BY ITS MANAGER

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SRI VISHWAMATH REDDY

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S/O NANJAPPA REDDY

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NO.9/1,8^TH CROSS, NEAR RAMA TEMPLE

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DODDNEKUNDI, MARATHALLI POST

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BENGALURU – 560 037 ... RESPONDENTS

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(BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R-1 SRI RAGHAVENDRA K, ADVOCATE FOR R-2)

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THIS M.F.A. IS FILED UNDER SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2018 PASSED IN MVC NO.2726/2017, ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU (SCCH-19) PARTLY ALLOWING THE CLAIM PETIITON FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,

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THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment and award dated 15.02.2018 passed in MVC. No.2726/2017 by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

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We have heard the submissions made by learned counsel for the parties at length

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After hearing the learned counsel for the parties and perusal of the records, the learned counsel for the parties submits that the amount of compensation may be enhanced by a further sum of Rs.85,000/- along with the

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interest at the rate of 6% p.a. from the date of petition till realization.

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In view of the aforesaid submission, amount of compensation to the appellant is enhanced by a further sum of Rs.85,000/- along with the interest at the rate of 6% p.a. from the date of petition till realization of the amount. To the aforesaid extent, the award passed by the Claims Tribunal is modified.

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Accordingly, the appeal is partly allowed.

Sd/JUDGE

Sd/-

JUDGE

Bagesh Kumar Sharma v. Bajaj Alianz General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Bagesh Kumar Sharma v. Bajaj Alianz General Insurance Co. Ltd.

Case brief

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What did the court decide?

What the court decided

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