Partly allowed

Bheemappa S/O Mailarappa Kariaakaladavar v. Dillappa S/O Ningappa Badapanahalli

Karnataka HC10 Aug 2023MFA/21123/2013

Case brief

AI extract

What is this about?

In four miscellaneous first appeals under Section 173(1) of the Motor Vehicles Act, 1988, the High Court modified the Tribunal's award. It held the insurer liable to pay and recover from the owner, and granted additional compensation with interest to some, but denied interest for delayed filing to others.

What did the court decide?

Additional compensation awarded (Rs.15,000; Rs.5,000; Rs.20,000 each) with 6% interest; insurer to pay first and recover from owner; some denied interest for 3872 days delay.

Bheemappa S/O Mailarappa Kariaakaladavar Vs Dillappa… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.21124/2013(MV) C/W MISCELLANEOUS FIRST APPEAL NO.21123/2013 MISCELLANEOUS FIRST APPEAL NO.21125/2013 MISCELLANEOUS FIRST APPEAL NO.21127/2013

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IN MFA.NO.21124/2013:

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BETWEEN:

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SMT. BASAMMA SHANMUKHAPPA MALLAPPANAVAR, AGE: 28 YEARS, OCC: HOUSE HOLD AND AGRICULTURE WORK, R/O:DEVARGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT

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(BY SRI B. S. SANGATI, ADVOCATE)

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Digitally signed by SUJATA SUBHASH PAMMAR

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AND:

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SRI DILLAPPA S/O. NINGAPPA BADAPANAHALLI, SINCE DECEASED BY HIS L.RS.

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1A. SMT. PARAVVA W/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC:HOUSEHOLD, R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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1B. SRI BEERAPPA S/O. DILLAPPA BADAPANAHALLI,

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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AGE: MAJOR, OCC: AGRICULTURE, R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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1C. SRI MUDAKAPPA S/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O: DEVARAGUDDA VILLAGE,

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1D. SRI GUDDAPPA S/O DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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1E. SRI NAGARAJ S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE, R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M.ARCADE, NEAR VIDYARTHI BHAVAN, C.G.HOSPITAL ROAD, DAVANAGERE (INSURER OF THE TEMPO BEARING NO.KA-27/M-495 POLICY NO. 671205/31/06/01/00002406 VALID FROM 20-09-06 TO 19-09-07

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…RESPONDENTS

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(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2;

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R1 IS DECEASED; R1(A) TO R1(E) ARE SERVED)

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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M.A.C.T. RANEBENNUR, DATED 23.11.2011 PASSED IN M.V.C.NO.18/2008, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.21123/2013:

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BETWEEN:

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SRI BHEEMAPPA S/O. MAILARAPPA KARIAAKALADAVAR, AGE: 26 YEARS, OCC: COOLIE WORK, R/O: DEVARGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI B. S. SANGATI, ADVOCATE)

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AND:

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SRI DILLAPPA S/O. NINGAPPA BADAPANAHALLI, SINCE DECEASED BY HIS L.RS.

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1A. SMT. PARAVVA W/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC:HOUSEHOLD.

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1B. BEERAPPA S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1C. MUDAKAPPA S/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1D. GUDDAPPA S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR.

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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1E. SRI NAGARAJ S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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ALL ARE R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M.ARCADE, NEAR VIDYARTHI BHAVAN, C.G.HOSPITAL ROAD, DAVANAGERE (INSURER OF THE TEMPO BEARING NO.KA-27/M-495 POLICY NO. 671205/31/06/01/00002406 VALID FROM 20-09-06 TO 19-09-07

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…RESPONDENTS

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(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 IS DISPENSED WITH; R1(A) TO R1(E) ARE SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO FOR THE SAID REASONS MENTIONED ABOVE THIS HON’BLE COURT MAY KINDLY BE ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF FAST TRACK JUDGE AND M.A.C.T. RANEBENNUR, DATED 23.11.2011 PASSED IN M.V.C.NO.19/2008, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.21125/2013:

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BETWEEN:

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SMT. PARVATEWWA W/O. BHEEMAPPA KARIAAKALADAVAR, AGE: 23 YEARS,

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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OCC: HOUSEHOLD AND COOLIE WORK, R/O: DEVARGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI B. S. SANGATI, ADVOCATE)

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AND:

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SRI DILLAPPA S/O. NINGAPPA BADAPANAHALLI, SINCE DECEASED BY HIS L.RS.

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1A. SMT. PARAWWA W/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC:HOUSEHOLD.

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1B. BEERAPPA S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1C. MUDAKAPPA S/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1D. GUDDAPPA S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCCU: AGRICULTURE,

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1E. SRI NAGARAJ S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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ALL ARE R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M.ARCADE, NEAR VIDYARTHI BHAVAN, C.G.HOSPITAL ROAD, DAVANAGERE (INSURER OF THE TEMPO BEARING

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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NO.KA-27/M-495 POLICY NO. 671205/31/06/01/00002406 VALID FROM 20-09-06 TO 19-09-07

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…RESPONDENTS

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(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 IS DECEASED; R1(A) TO R1(E) ARE SERVED)

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IN MFA.NO.21127/2013:

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BETWEEN:

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SMT. BASAMMA W/O. KRISHNAPPA LAMANI, AGE: 23 YEARS, OCC: COOLIE WORK, TQ: RANEBENNUR, DIST: HAVERI.

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…APPELLANT

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(BY SRI B. S. SANGATI, ADVOCATE)

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AND:

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SRI DILLAPPA S/O. NINGAPPA BADAPANAHALLI, SINCE DECEASED BY HIS L.RS.

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1A. SMT. PARAWWA W/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC:HOUSEHOLD.

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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1B. BEERAPPA S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1C. MUDAKAPPA S/O. DILLAPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1D. GUDDAPPA S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE,

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1E. SRI NAGARAJ S/O. DILLAPPA BADAPANAHALLI, AGE: MAJOR, OCC: AGRICULTURE, ALL ARE R/O: DEVARAGUDDA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M.ARCADE, NEAR VIDYARTHI BHAVAN, C.G.HOSPITAL ROAD, DAVANAGERE (INSURER OF THE TEMPO BEARING NO.KA-27/M-495 POLICY NO. 671205/31/06/01/00002406 VALID FROM 20-09-06 TO 19-09-07

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…RESPONDENTS

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(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 IS DECEASED; R1(A) TO R1(E) ARE SERVED)

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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These appeals are filed under Section-173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant–claimant in respective appeals, calling in question the common judgment and award dated 23.11.2011, passed in M.V.C.Nos.16/2008, 17/2008, 18/2008 and 19/2008 on the file of Fast Track Judge and MACT Ranebennur (hereinafter referred to as ‘the Tribunal’ for brevity) for seeking enhancement of the compensation respectively.

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The factum of accident and claimant in respective

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appeal has sustained the injuries in the said accident are not disputed. Insurance coverage is disputed.

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Heard the learned counsel for the parties and perused the records.

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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In the present cases, the claimants were traveling in

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the tempo trax bearing No.KA-27/M-495 and driver of the said tempo trax was driving the same with high speed and without following the traffic rules and regulations and dashed to KSRTC Bus bearing No.KA-27/F-14. Due to which, claimants are sustained injuries. Tempo trax is a private jeep and is not supposed to use for commercial purpose. But, the claimants have given statement before the Police that they are fair paid passengers in the tempo trax. The same is reflected in the complaint and FIR. Therefore, it is proved that the claimants have traveled in the tempo trax as unauthorized passengers by paying fair to the driver of the tempo trax. Therefore, tempo trax is used for the purpose other than the permit. Therefore, the Tribunal has rightly fastened the liability on the respondent No.1 owner of the tempo trax.

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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However, the Insurance company is able to take

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defence as per Sub-section (2) of Section 149 of Motor Vehicle Act, 1988, claiming exoneration from payment of compensation. But, as per Sub-sections (1), (5), (7) of Section 149 of Motor Vehicle Act, the Insurance Company as if the judgment debtor shall satisfy the claim in respect of third parties and then recover the same from owner of the offending vehicle. Accordingly, order of pay and recovery is made as per the principle of law laid down by the Hon’ble Supreme Court in the cases of PAPPU AND

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OTHERS Vs. VINOD KUMAR LAMBA AND ANOTHER;

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NATIONAL INSURANCE COMPANY LIMITED VS.

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SWARAN SINGH AND OTHERS and also as per the full bench decision of this Court in the case of NEW

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INDIA ASSURANCE COMPANY LIMITED VS.

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YELLAVVA AND ANOTHER. Thus, an order of pay and recovery is made. To this extent, the common judgment and award passed by the Tribunal is modified.

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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MFA No.21124/2013(MVC No.18/2008)

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From the evidence on record, it is proved that the

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claimant had suffered the fracture of left side Ribs and other grievous injuries all over the body.

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The Tribunal has granted compensation of Rs.40,000/- globally. But, considering the nature of injury sustained and the claimant being woman, certainly this injury causes some pain and agony to the claimant while performing her duty of day to day normal activities for livelihood. Therefore, Court deems it just and proper to award additional compensation of Rs.15,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% per annum from the date of petition till realization.

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12 - NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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MFA No.21123/2013(MVC No.19/2008)

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In the present case, from the evidence on medical record, if is found that the claimant has sustained tenderness of the left elbow other grievous injuries all over the body. A global compensation of Rs.3,000/- granted considering the nature of injuries along with 6% interest.

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It is just and proper the award another additional compensation of Rs.5,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% per annum from the date of petition till realization.

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MFA No.21125/2013(MVC No.16/2008)

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In the present case, from the evidence on medical record, if is found that the claimant has sustained fracture of left knee and she had anteromedial instability of left knee shows increased joint space and other grevious injuries all over the body. The tribunal has granted a global compensation of Rs.40,000/- along with 6% interest.

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13 - NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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The doctor examined soon after accident in

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Government Hospital has not stated that the claimant had suffered fractured injuries. But, PW.5-the doctor who has assessed the disability, is not a treated doctor and percentage of disability stated by him is found to be excessive one. Hence, considering the nature of injury sustained, Court is of the opinion to award another additional compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% per annum from the date of petition till realization.

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MFA No.21127/2013(MVC No.17/2008)

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In the present case, from the evidence on medical record, it is found that the claimant has sustained fracture of 4^th and 5^th left side Ribs and other grievous injuries all over the body. The tribunal has granted a global compensation of Rs.35,000/- along with 6% interest. Considering the nature of injuries sustained, it is just and

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14 - NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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proper to award another additional compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal along with 6% interest per annum from the date of petition till realization.

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Accordingly, I pass the following:

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ORDER

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i. The appeals filed by the claimants are allowed in part .

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ii. The common judgment and award dated 23.11.2011, passed in M.V.C.Nos.16/2008, 17/2008, 18/2008 and 19/2008 on the file of Fast Track Judge and MACT Ranebennur is modified.

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iii. Claimant in MFA No.21124/2013 is entitle for additional compensation of Rs.15,000/-, claimant in MFA No.21123/2013 is entitle for additional compensation of Rs.5,000/-, claimant

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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in MFA No.21125/2013 is entitled for additional compensation of Rs.20,000/- and claimant in MFA No.21127/2013 is entitle for additional compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till realization.

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iv. The remaining observations and findings made by the Tribunal in the aforesaid impugned judgment and award are kept in tact.

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v. Respondent – insurance company shall pay the compensation to the appellant/claimant at first instance and recover the same from the owner of the offending vehicle tempo trax.

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vi. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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NC: 2023:KHC-D:8715 MFA No. 21124 of 2013 C/W MFA No. 21123 of 2013, MFA No. 21125 of 2013, MFA No. 21127 of 2013

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vii. Appellant-claimant in MFA Nos. 21123/2013 , 21125/2013 and MFA No. 21127/2013 are not entitled for the interest for the delayed period, of 3872 days in filing the appeal respectively.

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viii. Draw award accordingly.

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ix. No order as to costs.

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SD/JUDGE

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HMB List No.: 2 Sl No.: 18 CT-ASC

Bheemappa S/O Mailarappa Kariaakaladavar v. Dillappa S/O Ningappa Badapanahalli

Case brief

What is this about?

What did the court decide?

Bheemappa S/O Mailarappa Kariaakaladavar v. Dillappa S/O Ningappa Badapanahalli

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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