The High Court of Karnataka allowed the appeal in part, enhancing the original compensation by Rs. 50,000 with 6% annual interest based on medical evidence of disability, and modified the impugned judgment accordingly.
Additional global compensation of Rs. 50,000 with interest at 6% per annum from the date of petition till realization.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.2788 OF 2012 (MV-I)
BETWEEN:
VENKATESHA AGED ABOUT 49 YEARS, S/O MARIDASAIAH, RESIDING AT, DODDEGOWDANA KOPPALU, SRIRANGAPATNA TALUK, MANDYA DISTRICT.
…APPELLANT
(BY SRI RAGHU R., ADVOCATE)
AND:
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI C.R.RAVISHANKAR, ADVOCATE FOR R2; R1 NOTICE DISPENSED WITH)
THIS MFA FILED IN U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.12.2011 PASSED IN MVC NO.1973/2008 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) & MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the
appellant/claimant challenging the judgment and award dated 03.12.2011 in MVC.No.1973/2008 passed by the Prl. Civil Judge (Sr.Dn.) & MACT, Srirangapatna, for seeking enhancement of compensation.
perused the records.
under various heads as follows:
NC: 2023:KHC:21209 MFA No. 2788 of 2012
| Pain and suffering | 30,000.00 |
|---|---|
| Loss of future income | 59,400.00 |
| Medical expenses | 15,500.00 |
| Incidental expenses | 10,000.00 |
| Loss of amenities | 5,000.00 |
| Loss of income during treatment |
3,000.00 |
| Future medical expenses |
5,000.00 |
| TOTAL | 1,27,900.00 |
NC: 2023:KHC:21209 MFA No. 2788 of 2012
global compensation of Rs.50,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal. Accordingly, I proceed to pass the following
ORDER
ii. The impugned judgment and award dated 03.12.2011 in MVC.No.1973/2008 passed by the Prl. Civil Judge (Sr.Dn.) & MACT, Srirangapatna, is hereby modified to the extent that the appellant/claimant is entitled to additional global compensation of Rs.50,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal.
Sd/JUDGE
PB List No.: 1 Sl No.: 10
3 issues framed by the court
Whether the compensation awarded for partial disability in a motor vehicle accident should be enhanced.
Whether interest is payable on additional global compensation awarded in a motor accident appeal.
Whether the adders' additional compensation of Rs.50,000 along with interest ought to be granted to the appellant.
VENKATESHA
AJAYSHARMA
ROYAL SUNDARMA ALLIANZE INSURANCE COMPANY LIMITED
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
