Partly allowed

Smitha v. Divisional Controller

Karnataka HC19 Nov 2024MFA/1941/2020

Case brief

AI extract

What is this about?

Claimant sought enhancement of compensation of Rs.1,00,000 awarded by the Tribunal for damage to property (bakery items, fridge, cylinder gas, stove, electric motor, plywood showcase, house door) caused by a road accident. The High Court enhanced compensation to Rs.1,50,000 without interest for the delayed period, directed deposit within two months, and allowed the appeal in part.

What the court decided

AI extract

Smitha Vs Divisional Controller — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:46860 MFA No. 1941 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.1941 OF 2020(MV-DM)

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BETWEEN:

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SMITHA W/O P. B. NAGESH AGED ABOUT 34 YEARS, R/AT PIRANGI MATHA VILLAGE MAKHAN, SHARVANABELAGOLA ROAD CHANNARAYAPATNA TOWN AND TALUK HASSAN DISTRICT-570 139

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…APPELLANT

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(BY SRI D. T. NANJESH GOWDA,ADVOCATE)

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AND:

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DIVISIONAL CONTROLLER

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K.S.R.T.C. MANGALORE DIVISION MANGALORE

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SRI F.S. DABALI, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2017 PASSED IN MVC NO.1313/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, SIT AT CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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NC: 2024:KHC:46860 MFA No. 1941 of 2020

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ORAL JUDGMENT

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The claimant, being dissatisfied with the sum of Rs.1,00,000/- awarded as damages suffered by him to his property as a result of the accident, he is in appeal seeking enhancement.

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The Tribunal, taking note of Ex.P-7 the police mahazar which indicated that the claimant had suffered damage to his bakery items, fridge, cylinder gas and stove, electric motor machine and plywood showcase and also taking note of the fact that the door of the claimant’s house has also sustained damage as a result of the accident, has awarded a sum of Rs.1,00,000/-.

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In my view, since the claimant had suffered damage to his fridge, cylinder gas and stove, electric motor machine and plywood showcase, it would be appropriate to enhance the compensation to

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3 - NC: 2024:KHC:46860 MFA No. 1941 of 2020

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Rs.1,50,000/- as against Rs.1,00,000/- awarded by

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the Tribunal.

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However, the claimant would not be entitled to interest for the delayed period as per order dated 19.11.2024.

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The KSRTC is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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The other aspects of the Award of the Tribunal remain undisturbed.

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This appeal is, accordingly, allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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HNM

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List No.: 1 Sl No.: 30

Smitha v. Divisional Controller

Case brief

What is this about?

What the court decided

Smitha v. Divisional Controller

Case brief

What is this about?

What the court decided

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