This motor vehicle accident appeal challenged the Tribunal's award of Rs.10,000/- for the death of ten sheep. The High Court enhanced compensation to Rs.50,000/-, directed the insurer to pay within six weeks, and allowed the appeal in part.
Modified the Tribunal's award granting Rs.50,00/- with 6% interest and directed payment within six weeks.
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 10TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.778/2013 (MV-D)
BETWEEN:
AJJAGAPPA @ AJJAGANNA, AGED ABOUT 59 YEARS, S/O SANNAPEEPANNA, R/A DEVARAHALLY GOLLARAHALLI, KALLEMBELLA HOBLI, SIRA TALUK. NOW R/AT C/O MALLIKARJUNA KENKERE, NEAR PETROL BANK, KOTHITHOPU, TUMAKURU TOWN. … APPELLANT
(BY SRI MUSHTAQ AHMED, ADVOCATE)
AND:
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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.05.2012 PASSED IN MVC NO.493/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-2, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard the learned counsel for the appellant and the learned counsel for respondent No.2.
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ORDER
Sd/JUDGE
MD
3 issues framed by the court
Whether the Tribunal erred in awarding Rs.1,000/- compensation for one sheep when 10 sheep died in the accident.
Whether compensation should be enhanced considering the value of sheep in 2011.
Whether the impugned judgment awarding Rs.10,000/- requires interference to grant Rs.50,000/-.
1 provisions across 1 enactments
Ajjagappa @ Ajjaganna
Raishankar M.J.
The Manager, IFFCO Tokio General Insurance Co. Ltd.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
