In this miscellaneous first appeal against a Motor Accident Claims Tribunal award, the appellant claimed enhancement of compensation. The High Court held the Tribunal's award of Rs. 28,000 based on the injury certificate and bills was correct and found no reasons to interfere, dismissing the appeal.
No relief granted; appeal dismissed.
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 13TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9251 OF 2012 (MV-I)
BETWEEN:
DORETHI MASCARENHAS AGED ABOUT 36 YEARS, W/O HENRY MASCARENHAS, R/AT ABBANAKUDRU,SANTHEKATTE POST, UDUPI TALUK - 576 101.
…APPELLANT
(BY SRI. SWATI G. HEGDE., ADVOCATE FOR; SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
M/S NISHMITHA MOTORS,NEAR BUS STAND,MAIN ROAD,MOODABIDRI, MANGALORE TALUK - 574 227.
…RESPONDENTS
(BY R1 - NOTICE D/W V/O DTD: 29.01.2014; SRI. A.N. KRISHNASWAMY FOR R2.,ADVOCATE)
NC: 2023:KHC:37823 MFA No. 9251 of 2012
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED29.7.2011 PASSED IN MVC NO.1358/2008 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by the award passed in M.V.C.No.1358/2008, dated 29.07.2011 on the file of the Additional Senior Civil Judge and MACT, at Udupi, whereby the Tribunal granted a meager global compensation of an amount of Rs.28,000/-.
27.08.2005 when the claimant along with others was traveling as passengers in a bus from Belvai towards Hukratte side, at about 3.30 p.m., when the bus reached near Sanoor High School the driver of the bus drove the vehicle in a sharp curve rash and negligently lost control
over the vehicle. As a result, the bus fell on the right side of the road. Many of the passengers sustained injuries.
was treated as inpatient from 27.08.2005 to 30.08.2005. Thereafter the claimant was treated as inpatient in Father Muller's Hospital, Mangalore from 14.09.2005 to 24.09.2005. Exhibit-P13 is the wound certificate. As per the wound certificate the claimant sustained the following three simple injuries viz.,
ii. 3 x 2 cms. contusion over the upper part of left leg,
iii. 3 x 3 cms. contusion over the sternal region.
Haemotoma of left leg. The claimant produced medical bills amounting to Rs.9,469/-. No Doctor was examined in
this regard. The Court below taking into consideration the nature of injuries, duration of hospitalization, medical
expenses, and other expenses granted a global
compensation of Rs.28,000/-.
case is pending, this Court had directed the Registry to place the same before this Court in the afternoon session and that is how the present matter is listed before this Court.
company submits that the court below considering the evidence on record since no Doctors were examined
except filing a bill amounting to Rs.9,469/- and producing Exhibit-13 wound certificate, the court below had rightly granted global compensation of Rs.28,000/-.
either side perused the material on record, in this case the claimant had sustained three injuries and no Doctor was
examined. With regard to the haemotoma to the leg as per
the Father Mullers Hospital a bill of Rs.9,469/- has been
filed. Under these circumstances the court below had rightly granted a global compensation of an amount of Rs.28,000/- and this court finds no reasons to interfere.
Accordingly, the appeal is Dismissed .
i) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/JUDGE
JJ
List No.: 2 Sl No.: 1
2 issues framed by the court
Whether the High Court should interfere with the Motor Accident Claims Tribunal's award of Rs. 28,000 global compensation and seek enhancement.
Whether the evidence on record, specifically the medical bills and injury certificate, justifies the quantum of compensation awarded by the Tribunal.
DORETHI MASCARENHAS
P.M. NARAYANA
THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO LTD
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
