The Karnataka High Court, in a miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act, dismissed the appellant's appeal seeking enhancement of global compensation awarded by the Tribunal for injuries sustained in a motor accident, finding no reason to increase the amount.
Appeal dismissed; no enhancement of compensation allowed.
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 28TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9199 OF 2017 (MV-I)
BETWEEN:
SRI.B.V.MAINUDDIN S/O VALI PEER SAB AGED ABOUT 44 YEARS AUTO DRIVER R/AT 3RD MAIN, 9TH CROSS, K T J NAGAR DAVANAGERE DISTRICT 577 001
… APPELLANT
(BY SRI SIDDAPPA B M.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (NOTICE TO R1 DISPENSED WITH V.O.D 27.03.2018 ; BY SRI K.NAGARAJ., ADVOCATE FOR R-2 & R-3)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED16.02.2017 PASSED IN MVC NO.186/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND V MACT, DEVANGERE, 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
This is an appeal filed by the claimant aggrieved by
the award passed in MVC No.186/2016, dated 16.02.2017, by the Ist Additional Senior Civil Judge & V Additional MACT, at Davangere.
these aspects only granted a global compensation of Rs.35,000/- which is not a reasonable compensation.
side, perused the entire material on record. In this case according to the claimant he had sustained two injuries. It is stated that there is a fracture and no medical records are produced in support of the same and no Doctor was examined in this regard, still the court below had granted Rs.35,000/- globally and this Court finds no reason to enhance the compensation. Accordingly, the appeal stands Dismissed.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/JUDGE
JJ List No.: 1 Sl No.: 110
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal against Motor Vehicles Insurance Rules order needs to be enhanced.
Whether the claimant has established sufficient grounds to warrant an enhancement of the global compensation amount awarded by the Trial Court.
1 provisions across 1 enactments
Sri.B.V.Mainuddin
(Respondents)
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
