Partly allowed

Nooruddien v. B Datta Kumar

Karnataka HC17 Jan 2023MFA/6214/2018

Case brief

AI extract

What is this about?

The High Court enhanced motor accident compensation by Rs.20,000 along with 6% annual interest. The court set aside the Tribunal's rejection of outpatient medical bills, directing the insurer to pay the total amount plus interest.

What did the court decide?

Additional compensation of Rs.20,000 awarded with interest at 6% p.a. from the date of petition till realization; Tribunal's order modified.

Nooruddien Vs B Datta Kumar — Motor Accident Claims | Karnataka HC (2023)

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MFA No. 6214 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6214 OF 2018 (MV-I)

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BETWEEN:

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NOORUDDIEN, S/O ABDUL AHAMAD @ ABDUL HAMEED, AGED ABOUT 36 YEARS, RESIDENT OF Y.N. HOSAKOTE VILLAGE, Y.N. HOSKOTE HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT. PIN CODE-572 141. NOW R/AT GANESHA TEMPLE ROAD, SHANTHINAGARA, TUMKURU-572 102.

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

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(BY SMT. AFRAA MOMIN, ADVOCATE FOR SRI. SHARATH S GOWDA, ADVOCATE)

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…APPELLANT

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AND:

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B. DATTA KUMAR, S/O N. BALARAMASHETTY, AGED ABOUT 36 YEARS, R/O THIPPERUDRASWAMY NILAYA, 3RD CROSS, K.R. EXTN., CHITRADURGA TOWN, CHITRADURGA DISTRICT, PIN CODE (OWNER OF THE SRE BUS BEARING REG. NO.KA-16A-9988)

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MFA No. 6214 of 2018

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THE BRANCH MANAGER, NATIONAL INSURANCE CO., LTD., BEHIND KRISHNA TALKIES, M. G. ROAD, TUMAKURU, PIN CODE-572 102.

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…RESPONDENTS

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(BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2; NOTICE TO R1 IS D/W. V/O DATED 17.01.2023)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2018 PASSED IN MVC NO.746/2015 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, 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 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 17.05.2015 at about 7.45 p.m., in front of Morarji Desayi Residential School, Doddahalli Village on PavagadaKalyanadurga Road when the SRE bus bearing No.KA-16-

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MFA No. 6214 of 2018

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A-9988 dashed against the claimant's motorcycle two wheeler Honda Activa bearing No.KA-17-EQ-3952. Therefore, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, seeking

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compensation.

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Heard the arguments on both sides and perused the records.

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The Tribunal has granted the global compensation of Rs.20,000/- in all. The claimant has suffered abrasion over the right eye, abrasion over the left eye, abrasion over the right ear and abrasion over the left knee.

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The claimant has produced medical bills for Rs.17,055/- and one bill is Rs.2,000/- which is an advanced bill as observed. Further, the Tribunal has disallowed the medical bill of Rs.5,350/- of Vishwabharathi Hospital. The reason for disallowing the bill of Rs.5,350/-

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MFA No. 6214 of 2018

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is incorrect because the medical report was not produced. When the claimant has taken treatment and for follow up as an outpatient, there may not be medical records expected. Hence, that does not mean that the claimant

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has not spent any amount towards medical expenses. Therefore, excluding the bill of Rs.2,000/-, the claimant has spent an amount of Rs.15,055/- and Rs.5,350/-. Therefore, considering the injury sustained as above stated, it is just and proper to award additional compensation of Rs.20,000/-, in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization.

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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.746/2016 is hereby modified holding the claimant is entitled for additional compensation of Rs.20,000/- with interest @ 6% p.a., from the date

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MFA No. 6214 of 2018

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of petition till its realization, in addition to what has been awarded by the Tribunal.

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iii. Registry is directed to return the Trial Court Records along with certified copy of this order without delay.

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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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List No.: 2 Sl No.: 9

Nooruddien v. B Datta Kumar

Case brief

What is this about?

What did the court decide?

Nooruddien v. B Datta Kumar

Case brief

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What did the court decide?

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