Partly allowed

Mr Prabhakar v. the Regional Manager

Karnataka HC16 Jun 2023MFA/9993/2012

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal challenges a Motor Accident Claims Tribunal award of Rs.10,000/- for injuries sustained in a motor vehicle accident. The High Court found the award to be on the lesser side due to grievous fractures and enhanced the compensation by Rs.50,000/-.

What did the court decide?

Enhancement of compensation by an additional sum of Rs.50,000/- to the appellant; no interest granted for the 122-day delay.

Mr Prabhakar Vs the Regional Manager — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:21014 MFA No. 9993 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.9993 OF 2012 (MV)

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BETWEEN:

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MR. PRABHAKAR, S/O M.S. KARUNAKARAN, AGED ABOUT 24 YEARS R/O GANGANNA BUILDING, 15^TH MAIN, NEAR MNTI COLLEGE, KAMMAGONDANAHALLI, BANGALORE-560 015

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…APPELLANT

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

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AND:

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Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

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THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, FM CARIAOPPA ROAD CROSS, BANGALORE.

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MR. VASU S/O. RAJE GOWDA AGED MAJOR, R/O NO. 47, 2/2 3^RD CROSS, SANTHE PETE HIGH SCHOOL ROAD, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. K. RAVI SHANKAR ADVOCATE FOR R1; V/O DATED 05.01.2017, NOTICE TO R2 IS HELD SUFFICIENT)

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NC: 2023:KHC:21014 MFA No. 9993 of 2012

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED28.1.2012 PASSED IN MVC NO.4396/2010 ON THE FILE OF MACT, 20TH ADDITIONAL JUDGE & 18TH ACMM, BANGALORE, 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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The present appeal is filed by the

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appellant/claimant challenging the judgment and award dated 28.01.2012 in MVC.No.4396/2010 passed by the

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Motor Accident Claims Tribunal, XX Addl. Judge & XVIII ACMM, Bangalore (ACMM-18), for seeking enhancement of compensation.

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The factum of accident is not in dispute.

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Heard the arguments from both sides and

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perused the records.

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The Tribunal has awarded global

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compensation of Rs.10,000/- along with interest at the rate of 6% per annum from the date of petition till the date of

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3 - NC: 2023:KHC:21014 MFA No. 9993 of 2012

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deposit. The compensation amount awarded by the Tribunal is found to be meager one.

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From the evidence on record, it is proved

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that the claimant had sustained fracture of left radial head fracture of L3 and L4 vertebras and he sustained abrasion

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over left elbow. The said injuries are grievous in nature. The claimant was admitted to the hospital as inpatient for a period of two days. Therefore, the global compensation of Rs.10,000/- awarded by the Tribunal is found to be on the lesser side.

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Therefore, considering the overall facts and circumstances and nature of injuries sustained, it is just and proper to enhance the compensation by another sum of Rs.50,000/- in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following

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NC: 2023:KHC:21014 MFA No. 9993 of 2012

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ORDER

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i. The appeal is allowed-in-part .

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ii. The impugned judgment and award dated 28.01.2012 in MVC.No.4396/2010 passed by the Motor Accident Claims Tribunal, XX Addl. Judge & XVIII ACMM, Bangalore (ACMM-18), is modified to the extent that the appellant/claimant is entitled to another sum of Rs.50,000/- in addition to what has been awarded by the Tribunal.

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iii. No order as to costs.

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iv. The appellant/claimant is not entitled to interest for the delay period of 122 days in filing the appeal.

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v. Draw award accordingly.

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Sd/JUDGE

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List No.: 1 Sl No.: 13

Mr Prabhakar v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Mr Prabhakar v. the Regional Manager

Case brief

What is this about?

What did the court decide?

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