Smt Shaha Taj v. Sri Mahadeva
Case brief
What is this about?
On an appeal under Section 173(1) of the Motor Vehicles Act, the High Court enhanced the compensation awarded to a claimant in a motor accident case. The court modified the compensation heads for pain and sufferings, loss of amenities, and conveyance expenses to a total of Rs. 196,000, directing the insurance companies to deposit the amount equally.
What did the court decide?
The appeal was allowed in part; the total compensation awarded is enhanced to Rs. 1,96,000/-, to be deposited equally by the insurers.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE 2022
BEFORE
THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.824 OF 2021(MV)
BETWEEN
SMT SHAHA TAJ W/O ANWAR PASHA AGED ABOUT 50 YEARS R/AT NO.282, 6TH CROSS KESARE RAJENDRANAGAR MYSORE-570007.
...APPELLANT
(BY SRI. TEJAS N., ADV.)
AND
1 . SRI MAHADEVA S/O DASASHETTY AGED ABOUT 57 YEARS R/AT NO.34/25, 3RD MAIN ROAD MAHADESHWARA LAYOUT LAGGERE, BANGALORE-560058.
2 . SRI GIRISH S/O NINGASHETTY AGED 31 YEARS R/AT NO.34/25 10TH B MAIN ROAD MUNEHSWARA LAYOUT, LAGGERE BANGALORE-560058.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Claims Tribunal was adequate considering the grievous injuries sustained by the claimant.
Whether the compensation amount should be enhanced under the heads of pain and sufferings, loss of amenities, and conveyance expenses.
Parties & counsel
- appellant
Shaha Taj W/O Anwar Pasha
- respondent
Mahadeva S/O Dasashetty
- respondent
Girish S/O Ningashetty
- respondent
The Manager The Oriental Insurance Company Ltd.
- respondent
Anwar Pasha S/O Mohammed Usman
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- MFA/824/2021
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