The appellant appealed against an award of Rs.6.82 Lakh in a motor accident case. The High Court examined the injuries and tribunal's calculation, found no reason to enhance the compensation, and dismissed the appeal.
Global compensation of Rs.6,82,621/- awarded by the court below.
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.
NC: 2023:KHC:42027 MFA No. 9424 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9424 OF 2017 (MV-I)
BETWEEN:
MOHAMMED, S/O. LATE ABDUL KHADER, AGED ABOUT 41 YEARS, R/O. GADIYARA HOUSE, KEDILA VILLAGE, PERAMOGERU POST, BANTWAL TALUK, PRESENTLY R/O. ZAM ZAM, KADRI KAMBALA, KADRI, MANGALURU - 575 001.
…APPELLANT
(BY SRI. GURUPRASAD B.R, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALORE DIVISION - 575 003, REPRESENTED BY ITS MANAGING DIRECTOR.
…RESPONDENT
(BY SRI. F.S. DABALI A.N, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2017 PASSED IN MVC NO.907/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & JMFC, MANGALURU, D.K., PARTLY ALLOWING
NC: 2023:KHC:42027 MFA No. 9424 of 2017
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 M.V.C.No.907/2014 dated 24.01.2017 by the III Additional Senior Civil Judge & Mangaluru, D.K.
The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road accident. The Court below had granted a global compensation of an amount of Rs.6,82,621/-.
a) 25 x 15 cm laceration on the right thigh
b) Fracture upper and lower pubic ramus
d) Fracture of right femur
As per the wound certificate, they are simple and grievous in nature. He was in hospital for 177 days. The Court
below had granted an amount of Rs.50,000/- towards pain and sufferings, an amount of Rs.62,100/- towards attendant, food and extra nourishment, an amount of Rs.70,521/- towards loss of income during the treatment period and an amount of Rs.5,00,000/- under the head of loss of comfort and amenity. Altogether, global compensation of an amount of Rs.6,82,621/-.
global compensation that was awarded by the Tribunal was not just and reasonable.
that the compensation that was awarded by the Tribunal is
on the higher side and no grounds are made out for enhancement of the compensation.
NC: 2023:KHC:42027 MFA No. 9424 of 2017
Pending miscellaneous petitions, if any, shall stand
closed.
SD/JUDGE
MEG List No.: 1 Sl No.: 123 CT: BHK
1 issue framed by the court
Whether the global compensation awarded by the tribunal in the motor accident case needs to be enhanced.
1 provisions across 1 enactments
Mohammed, s/o. Late Abdul Khader
Karnataka State Road Transport Corporation, Mangalore Division
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
