Appeal against compensation award in a motor vehicle accident. Court awarded additional Rs.20,000 total Rs.40,000 noting lack of medical evidence on disability.
Award of additional compensation of Rs.20,000 with interest @6% p.a. from date of petition.
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 24TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.9457/2018 (MV-I)
BETWEEN:
SRI VENKATAREDDY S/O. JANGALA SUBBARAYAPPA AGED ABOUT 52 YEARS R/AT NO.YALLAGALAPALLI VILLAGE BAGEPALLI TALUK CHIKKABALLAPURA - 562 101 KARNATAKA … APPELLANT (BY SMT. KALPANA P.V., ADVOCATE) AND:
(BY SRI S.V.HEGDE MULKHAND, 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.725/2017 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.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
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.7265/2017 dated 31.03.2018 by the MACT, Bengaluru seeking enhancement of the compensation.
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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 Court deems it fit to award additional sum of Rs.20,000/- 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 in part.
ORDER
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claimant is entitled for additional compensation of Rs.20,000/- with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.
iii. The claimant is not entitled for interest for the delayed period of 87 days in filing the appeal.
Sd/JUDGE
KA
3 issues framed by the court
Whether the Tribunal erred in awarding global compensation without assessing the specific disability of the claimant.
Whether additional compensation is warranted given the nature of the lacerated wounds sustained.
Whether interest should be awarded for the period of delay in filing the appeal.
2 provisions across 1 enactments
Sri Venkatareddy
United India Insurance Company Limited
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
