The Oriental Insurance Co. Ltd. v. Sri.Manju
Case brief
What is this about?
The High Court examined two appeals under Section 173(1) of the Motor Vehicles Act. Upholding the trial court's finding of negligence, the court enhanced the compensation award for the injured claimant from Rs. 35,000 to Rs. 55,000, primarily increasing damages for pain and suffering to Rs. 40,000 due to the grievous nature of the injury, while dismissing the insurance company's appeal.
What did the court decide?
MFA No. 11129/2012 allowed in part; compensation enhanced to Rs. 55,000 with 6% interest. MFA No. 491/2017 dismissed.
What the court decided
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NC: 2023:KHC:28107 MFA No. 491 of 2017 C/W MFA No. 11129 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 491 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 11129 OF 2012
IN MFA NO. 491 OF 2017
Between:
The Oriental Insurance Co. Ltd., Do-1, No.1, Thejas Complex, CSI Ayyaji Road, PB No.27, Mysore, Represented by Regional Officer, No.44/45, Leo Shopping Complex, Residency Road, Bangalore-560025 By its duly Constituted Attorney.
…Appellant
Issues for consideration
3 issues framed by the court
Whether to enhance the compensation awarded by the court below for grievous injuries in a motor vehicle accident.
Whether negligence on the part of the rider of the offending vehicle is established based on the evidence on record.
Whether the claimant is entitled to compensation for disability when no medical evidence of disability was adduced.
Parties & counsel
- appellant
The Oriental Insurance Co. Ltd.
- appellant
Sri. Manju
- respondent
Sri. H.S. Ravi
- respondent
The Divisional Manager, The Oriental Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- MFA/491/2017
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