Partly allowed

Badrul Muneer v. Sulaiman (R.C.Owner)

Karnataka HC17 Nov 2022MFA/5956/2018

Case brief

AI extract

What is this about?

The High Court enhanced compensation awarded in two motor accident claims. It ordered additional compensation of Rs 25,000 and Rs 20,000 respectively with 6% interest from petition date, denying interest for the 160-day appeal delay.

What did the court decide?

Awarded additional enhanced compensation of Rs. 25,000 in MFA No.5955/2018 and Rs. 20,000 in MFA No.5956/2018 with 6% p.a. interest from petition date; denied interest for 160-day appeal delay.

Badrul Muneer Vs Sulaiman (R.C.Owner) — Motor Accident Claims | Karnataka HC (2022)

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1 MFA NO.5955/2018 C/W MFA NO.5956/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.NO.5955/2018 C/W M.F.A.NO.5956/2018 (MV-I)

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IN MFA NO.5955/2018

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BETWEEN:

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K UMMAR S/O BAPUKUNHI, AGED ABOUT 54 YEARS, R/AT SHANTINAGAR HOUSE, PADNOOR VILLAGE, PUTTUR TALUK, D.K.DISTRICT 574201.

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...APPELLANT

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(BY SRI LETHIF B., ADVOCATE)

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AND:

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1 . SULAIMAN

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(R.C OWNER)

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S/O LATE:UMMAR SEEDI, AGED ABOUT 56 YEARS, R/AT VIJAYAGIRI HOUSE, SAMPYA, ARYAPU VILLAGE ARYAPU POST, PUTTUR TALJI, D.K.DISTRICT 574201.

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2 . THE UNITED INDIA INSURANCE COMPANY LIMITED

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2 MFA NO.5955/2018 C/W MFA NO.5956/2018

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REP. BY ITS BRANCH MANAGER OPP. ARUNA THEATRE NEAR CANARA BANK PUTTUR TALUK, D.K.DISTRICT 574201.

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…RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE FOR R2, R1-NOTICE DISPENSED WITH V/O DATED:17/04/2021)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/09/2017, PASSED IN MVC NO.1431/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDICIAL MAGISTRATE AND MEMBER, MACT, PUTTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.5956/2018

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BETWEEN:

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BADRUL MUNEER S/O K UMMAR AGED ABOUT 30 YEARS, R/AT SHANTINAGAR HOUSE PADNOOR VILLAGE, PUTTUR TALUK D K DISTRICT-574201.

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...APPELLANT

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(BY SRI LETHIF B., ADVOCATE)

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3 MFA NO.5955/2018 C/W

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AND:

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1 . SULAIMAN (R.C.OWNER) S/O LATE UMMAR SEEDI AGED ABOUT 56 YEARS, R/AT VIJAYAGIRI HOUSE SAMPYA, ARYAPU VILLAGE ARYAPU POST PUTTUR TALJI D K DISTRICT-574201.

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2 . THE UNITED INDIA INSURANCE COMPANY LIMITED REP BY ITS BRANCH MANAGER, OPP: ARUNA THEATRE, NEAR CANARA BANK PUTTUR TALUK D K DISTRICT-574201.

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…RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE, R1-DIED)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/09/2017, PASSED IN MVC NO.1429/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDICIAL MAGISTRATE AND MEMBER, MACT, PUTTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE M.F.As. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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4 MFA NO.5955/2018 C/W MFA NO.5956/2018

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J U D G M E N T

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Both the appeals are filed by the

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appellants/claimants challenging the judgments and award dated 01.09.2017 in MVC.Nos.1429/2016 and 1431/2016 passed by the Prl. Senior Civil Judge & ACJM and MACT, Puttur, for seeking enhancement of the compensation.

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Brief fact of the cases are that, on

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19.05.2016 at about 1.45 pm., when the claimants were proceeding in a motor bike Bajaj Pulsar bearing Reg.No.KA-19-CR-7750 from Mura side towards Kabaka side in Mysuru-Mani highway, when they reached a place called Polya, Kabaka village, Puttur Taluk, the driver of the autorickshaw bearing Reg.No.KA-21-9703 which was parked at left side of the road, suddenly drove the same to the main road without giving any signal and also in a rash and negligent manner and dashed against the motor bike.

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5 MFA NO.5955/2018 C/W MFA NO.5956/2018

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As a result of which, both were thrown to the road and sustained grievous injuries.

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The claimants filed claim petitions under Section 166 of M.V.Act., claiming compensation before the Tribunal. The Tribunal has partly allowed the claim petitions and awarded compensation of Rs.53,000/- in MVC.No.1429/2016 and Rs.1,50,000/in MVC.No.1431/2016 with interest at 6% p.a., from the date of petitions till its realization. Being aggrieved by the same, the present appeals are filed before this Court.

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Heard the arguments from both sides and

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perused the records.

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In MVC.No.1429/2016, the Tribunal has awarded compensation under various heads as follows:

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6 MFA NO.5955/2018 C/W

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1	Pain and sufferings	Rs.	40,000/-
2	Medical expenses	Rs.	3,100/-
3	Loss of earnings	Rs.	6,000/-
4	Attendant charges	Rs.	1,000/-
5	Conveyance charges	Rs.	1,900/-
6	Food and nutrition /nourishment	Rs.	1,000/-
	Total	Rs.	53,000/-

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In MVC.No.1431/2016, the Tribunal has

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awarded compensation under various heads as

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follows:

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1	Pain and sufferings	Rs.	60,000/-
2	Medical expenses	Rs.	48,000/-
3	Loss of earnings	Rs.	6,000/-
4	Loss of amenities	Rs.	25,000/-
5	Attendant charges	Rs.	2,000/-
6	Conveyance charges	Rs.	2,000/-
7	Food and nutrition /nourishment	Rs.	2,000/-
8	Future medical expenses	Rs.	5,000/-
	Total	Rs.	1,50,000/-

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7 MFA NO.5955/2018 C/W MFA NO.5956/2018

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Even though, the quantum of compensation

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awarded by the Tribunal under each head in both the

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cases appears to be just and proper, but on conventional heads, the compensation awarded by the Tribunal is on the lesser side. Therefore, considering the nature of injuries sustained by the appellants/claimants and period of taking treatment in the hospital, the appellants/claimants are entitled for additional enhanced compensation. Therefore, in MFA.No.5955/2018 (MVC.No.1431/2016), the appellant/claimant is entitled for additional enhanced compensation of Rs.25,000/- and in MFA.No.5956/2018 (MVC.No.1429/2016), the

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appellant/claimant is entitled for additional enhanced compensation of Rs.20,000/- along with the rate of interest at 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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8 MFA NO.5955/2018 C/W MFA NO.5956/2018

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8. Accordingly, I proceed to pass the following

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ORDER

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MFA.No.5955/2018 and MFA.No.5956/2018 are

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allowed-in-part .

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The impugned judgments and award dated 01.09.2017 in MVC.Nos.1429/2016 and 1431/2016 passed by the Prl. Senior Civil Judge & ACJM and MACT, Puttur, are modified to the extent that the appellant/claimant in MFA.No.5955/2018 (MVC.No.1431/2016) is entitled for additional enhanced compensation of Rs.25,000/- and in MFA.No.5956/2018 (MVC.No.1429/2016), the appellant/claimant is entitled for additional enhanced compensation of Rs.20,000/- along with the rate of interest at 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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9 MFA NO.5955/2018 C/W

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Draw award accordingly.

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No order as to costs.

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The appellants/claimants are not entitled for interest for the delay period of 160 days in filing both the appeals.

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Registry is directed to transmit the TCR along with a copy of this order to the Tribunal forthwith.

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Sd/-

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Badrul Muneer v. Sulaiman (R.C.Owner)

Case brief

What is this about?

What did the court decide?

Badrul Muneer v. Sulaiman (R.C.Owner)

Case brief

What is this about?

What did the court decide?

What the court decided

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