Partly allowed

Syed Salman v. Rajegowda

Karnataka HC11 Jan 2023MFA/6051/2018

Case brief

AI extract

What is this about?

In an appeal filed under Section 173(1) of the Motor Vehicles Act, the High Court enhanced the compensation awarded to the claimant in a motor accident case by Rs. 40,000 with interest, finding the tribunal's award insufficient given the injury severity, while denying interest for the delay in filing the appeal.

What did the court decide?

Additional compensation of Rs. 40,000 with interest at 6% p.a. from the date of petition till realization; appeal allowed in part.

Syed Salman Vs Rajegowda — Motor Accident Claims | Karnataka HC (2023)

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MFA No. 6051 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A. NO. 6051 OF 2018 (MV-I)

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BETWEEN:

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SYED SALMAN

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S/O. SYED YASIN, AGED ABOUT 35 YEARS,

KUVEMPU NAGARA,

RAVINDRA NAGARA,

HASSAN-573201.

…APPELLANT

(BY SRI. KAVITHA H. C., ADVOCATE)

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AND:

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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RAJEGOWDA S/O. DEVEGOWDA, HARADURU PURA VILLAGE, KASABA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT - 573 201

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…RESPONDENT

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2018 PASSED IN MVC NO.1653/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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MFA No. 6051 of 2018

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

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JUDGMENT

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This appeal is filed by the claimant under Section

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173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), seeking enhancement of the compensation.

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The undisputed facts are that the claimant has sustained injuries in a road traffic accident that occurred on 22.08.2015 at about 12.30 p.m., in front of A1 Mutton Stall, 7th Cross, K.R.Puram, Hassan when the Mahindra Car bearing No.KA-35-M-4461 dashed against the claimant. Therefore, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation.

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Heard the arguments on both sides and perused the records.

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MFA No. 6051 of 2018

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The Tribunal has granted the compensation

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under various heads as follows:

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Sl. No.	Particulars	Amount (in.Rs.)
1.	Loss of income due to disability	87,360.00
2.	Medical expenses	40,000.00
3.	Injury pain and sufferings	40,000.00
4.	Conveyance charges	1,000.00
5.	Attendant charges	1,500.00
	Total	1,69,860.00

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In the present case, as per the wound

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certificate at Ex.P5, the claimant has sustained following injuries:

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i. Deep laceration foot exposing the bone.

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ii. Fracture of 2^nd metatarsal bone.

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iii. Tenderness over chest.

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iv. Tenderness over TL spine.

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v. Tenderness over cervical spine.

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In the present case, there is no insurance

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coverage to the vehicle. Therefore, the liability is fastened

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on the owner of the offending vehicle. The claimant is

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MFA No. 6051 of 2018

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coolie by profession. The compensation granted by the Tribunal under the heads 'injury pain and sufferings', 'conveyance charges' and 'attendant charges' are on the lesser side. The Tribunal has not granted the

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compensation towards 'future medical expenses' and 'loss of amenities'. Therefore, considering the over all facts and circumstances involved, nature of injuries sustained and disability occurred, the Court deem it fit to award additional sum of Rs.40,000/- along with interest at the rate of 6% p.a., in addition to what has been awarded by the Tribunal.

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Hence, I proceed to pass the following:

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ORDER

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i. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal in MVC No.1653/2015 is hereby modified holding the claimant is entitled for additional

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compensation of Rs.40,000/- with interest @ 6% p.a., from the date of petition till its realization, in

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MFA No. 6051 of 2018

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addition to what has been awarded by the Tribunal.

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iii. The claimant is not entitled for interest for the delayed period of 37 days in filing the appeal.

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iv. Costs made easy.

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v. Draw award accordingly.

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Sd/JUDGE

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Syed Salman v. Rajegowda

Case brief

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What did the court decide?

Syed Salman v. Rajegowda

Case brief

What is this about?

What did the court decide?

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