High Court dismissed the first appeal seeking enhancement of motor accident compensation. Court held the Tribunal correctly determined monthly income, multiplier, and deductions, finding no interference warranted.
Appeal dismissed; original judgment and award of Rs.3,63,900 confirmed with interest at 6% p.a.
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 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4262 OF 2012 (MV-D)
BETWEEN:
BOTH ARE RESIDING AT: NO.131/A, KSRTC LAYOUT, SBM ROAD,UTTARAHALLY, BANGALORE - 560 061.
…APPELLANTS
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
(BY SRI. R. CHANDRASHEKAR, ADVOCATE)
AND:
NC: 2023:KHC:22926 MFA No. 4262 of 2012
V FLOOR, WEST ENTRANCE, RACE COURSE ROAD, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. A. RAVISHANKAR, ADVOCATE FOR R2; R1 - NOTICE DISPENSED WITH, VIDE ORDER DATED 08.07.2014)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 4.10.2010 PASSED IN MVC NO.6798/2007 ON THE FILE OF THE CHIEF JUDGE, PRL. MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the appellants/claimants challenging the judgment and award dated 04.10.2010 passed in MVC No.6798/2007 by the Prl. Motor Accident Claims Tribunal & Chief Judge, Court of Small Causes, Bangalore, seeking enhancement of compensation.
On 03.03.2007 at about 2.00 a.m., in the early
morning, the deceased Murugesh Reddy was driving car
bearing registration No.KA.03/MA.7967 on NH.4 Bangalore to Mulbagal Road and when the car reached near Thambally Bridge, it was dashed by an unknown bus from behind, as a result, the deceased who was the driver of the car lost control of the car and the vehicle went and fell into a road side ditch, as a result, the driver and other occupants of the car sustained grievous injuries and later on, the deceased succumbed to injuries. Therefore, the petitioners being mother and brother of deceased filed claim petition.
Tribunal has correctly taken the multiplier i.e.18 and awarded compensation of Rs.3,56,400/- under the head 'loss of dependency'. Further, on other heads, the Tribunal has granted compensation as narrated at para No.12 of its judgment which is just and proper and as such, awarded a total compensation of Rs.3,63,900/along with interest at 6% p.a. from the date of petition till its realization.
ORDER
Sd/JUDGE
SSD
2 issues framed by the court
Whether the compensation awarded under Section 163-A of the Motor Vehicles Act needs to be enhanced.
Whether the Motor Accident Claims Tribunal correctly computed the multiplier and deductions for personal expenses.
2 provisions across 1 enactments
PADMAVATHI (W/O LATE. SREENIVASA REDDY)
SARATHI REDDY (S/O LATE. SREERAMA REDDY)
A. YOGANANDA REDDY
TATA AIG GENERAL INSURANCE CO. LTD.
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
