Allowed

Sri G Vinodkumar v. the Director

Karnataka HC11 Sept 2023MFA/4393/2021

Case brief

AI extract

What is this about?

In this miscellaneous first appeal against a Motor Accident Claim Tribunal award, the High Court enhanced the compensation granted to the appellant by an additional sum of Rs.40,000/- payable by the insurance company without interest.

What did the court decide?

Petitioner is entitled to an additional sum of Rs.40,000/- globally without interest payable by Respondent No.2 within six weeks.

Sri G Vinodkumar Vs the Director — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:32622 MFA No. 4393 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO.4393 OF 2021 (MV-I)

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BETWEEN:

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SRI. G VINODKUMAR

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S/O NAGARAJU AGED ABOUT 30 YEARS, R/O 1-88A ONTAREDDYAPALLI B C COLONY KAMBADUR KALYANADURGA TALUK ANANTHAPUR DISTRICT ANDHRA PRADESH

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…APPELLANT

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(BY SRI. SATHISHA T., ADVOCATE)

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AND:

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THE DIRECTOR

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SUVARNA BUILDING CONSTRUCTIONS PRIVATE LIMITED

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TUMAKURU TOWN-572 101

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ERGO GENERAL INSURANCE COMPANY LIMITED 6TH FLOOR LEELA BUSINESS PARK ANDHERI KURLA ROAD, ANDERI (E) MUMBAI-400 059

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…RESPONDENTS

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(V/O. DATED 11.09.2023, NOTICE TO R1 IS DISPENSED WITH; SRI.B.PRADEEP, ADVOCATE FOR R2)

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NC: 2023:KHC:32622 MFA No. 4393 of 2021

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.02.2021 PASSED IN MVC NO.1158/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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Aggrieved by the judgment and award dated 02.02.2021 passed in MVC No.1158/2017 by the Court of

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the Principal Senior Civil Judge and MACT, at Madhugiri (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.

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For the sake of convenience, the parties are referred

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to herein as per their status before the Tribunal.

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Brief facts of the case are as follows:

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On 16.08.2017, at around 10.15 a.m, the petitioner

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was traveling in a motor cycle bearing registration No.KA01-HP-6038 and when he reached near KSRTC Depot, Basavanahalli Village on Madhugiri Pavagada Road, he met with an accident with a tipper Lorry bearing Registration

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NC: 2023:KHC:32622 MFA No. 4393 of 2021

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No.KA-64-1425 which was being driven in a rash and negligent manner and was duly insured with respondent No.2-Insurance Company.

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The Tribunal has awarded a compensation of

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Rs.77,200/- along with interest at 6% per annum from the date of the petition till realization. Not satisfied by the said compensation, the petitioner therein has preferred this appeal.

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After arguing the matter for sometime, the counsel for petitioner as well as respondent No.2 submitted that given the facts and circumstances of the case, the compensation awarded by the Tribunal may be enhanced globally without interest by another sum of Rs.40,000/-.

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Under the facts and circumstances of the case and

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given the nature of injuries suffered by the petitioner in the accident, I am of the opinion that the submission of

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NC: 2023:KHC:32622 MFA No. 4393 of 2021

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the counsel for the petitioner and respondent No.2 is just,

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fair and reasonable. Hence, the following:

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ORDER

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(i) The appeal is allowed in part; (ii) The petitioner is entitled to an additional sum of Rs.40,000/(Rupees Forty Thousand only) globally without interest payable by respondent No.2-Insurance Company within a period of six weeks from the date of receipt of certified copy of this order;

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(iii) Office to draw modified award accordingly.

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SD/JUDGE

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HB List No.: 1 Sl No.: 7

Sri G Vinodkumar v. the Director

Case brief

What is this about?

What did the court decide?

Sri G Vinodkumar v. the Director

Case brief

What is this about?

What did the court decide?

What the court decided

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