Allowed

Master Vinod v. Mr. Venkatashivareddy

Karnataka HC24 Nov 2022MFA/9456/2018

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Claims appeal filed by a minor road-traffic accident victim. The court enhanced the global compensation from Rs. 1,00,000 to Rs. 1,50,000 due to grievous fracture injuries sustained by the minor pillion rider, also revising the interest rate to 6% p.a.

What did the court decide?

The appeal is allowed; the award is modified to grant additional compensation of Rs. 50,000 to make the total compensation Rs. 1,50,000 with interest at 6% p.a.

Master Vinod Vs Mr. Venkatashivareddy — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^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.9456/2018 (MV-I)

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BETWEEN:

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MASTER VINOD S/O. VENKATAREDDY AGED ABOUT 14 YEARS R/AT NO.YALLAGALAPALLI VILLAGE BAGEPALLI TALUK CHIKKABALLAPURA KARNATAKA (SINCE MINOR REP. BY HIS MOTHER REDDAMMA W/O. VENKATAREDDY) … APPELLANT (BY SMT. KALPANA P.V., ADVOCATE) AND:

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MR. VENKATASHIVAREDDY S/O. NARAYANA REDDY MAJOR R/AT NO.10, GANTAMVARIPALLI VILLAGE BAGEPALLI TALUK CHIKKABALLAPUR - 562 101

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UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE KRISHI BHAVAN, CORPORATION CIRCLE BANGALORE - 560 001 REP. BY ITS MANAGER … RESPONDENTS

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(BY SRI RAVISH BENNI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O. DT.24.11.22)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.03.2018 PASSED IN MVC No.726/2017 ON THE FILE OF THE MEMBER MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimant under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.726/2017 dated 31.03.2018 by the MACT, Bengaluru seeking enhancement of the compensation.

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The undisputed facts are that the claimant has sustained injuries in a road traffic accident that occurred on 05.04.2016 at about 12.20 p.m., when he was proceeding on a motorcycle bearing No.KA-40E9756 as a pillion rider, near Karukuru cross, a car

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bearing No.KA-40-M-4097 came in a rash and negligent manner and dashed against the motorcycle. Due to the impact, the claimant sustained injuries. Therefore, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation.

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The Tribunal after considering the facts and circumstances and evidence on record, has granted a global compensation of Rs.1,00,000/- with interest at the rate of 9% p.a. from the date of petition till its realisation.

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Heard the arguments on both sides and perused the records.

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In the present case, the appellant/claimant

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has sustained fracture of right tibia and fibula middle 1/3rd. The claimant was aged 14 years as on the date of accident and was studying 8^th standard. The Tribunal has awarded global compensation for injuries occurred to the claimant. The doctor's evidence is not produced in the

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present case to assess how much disability the claimant has occurred. Therefore, the injury is grievous in nature. Hence, the Court deems it fit to award additional compensation of Rs.50,000/- with interest at the rate of 6% p.a., from the date of petition till its realization, that would be sufficient by considering the nature of injuries sustained. Accordingly, the appeal is liable to be allowed.

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The Tribunal has awarded global compensation of Rs.1,00,000/-, but the appellant/claimant is entitled to total global compensation of Rs.1,50,000/- . Therefore, the appellant/claimant is entitled to additional compensation of Rs.50,000/- (Rs.1,50,000 - Rs.1,00,000) with interest at the rate of 6% p.a. from the date of petition till realization, in addition to what has been awarded by the Tribunal.

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7. Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal is allowed .

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ii. The judgment and award passed by the Tribunal in MVC No.726/2017 is hereby modified holding the claimant is entitled for additional compensation of

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Rs.50,000/- with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

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iii. The claimant is not entitled for interest for the delayed period of 116 days in filing the appeal.

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iv. Draw modified award accordingly.

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Sd/JUDGE

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Master Vinod v. Mr. Venkatashivareddy

Case brief

What is this about?

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Master Vinod v. Mr. Venkatashivareddy

Case brief

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