Partly allowed

K.S. Eshwaraiah v. Divisionl Controller

Karnataka HC14 Jun 2024MFA/2037/2020

Case brief

AI extract

What is this about?

Claimant sought enhancement of Rs.50,000 awarded for damage to his tractor and trailer in a collision with a Corporation bus. The High Court assessed the damage from the mahazar, sketch and IMV report and enhanced total compensation to Rs.75,000, with 6% interest on the additional amount.

What did the court decide?

Compensation enhanced from Rs.50,000 to Rs.75,000; extra Rs.25,000 with 6% interest per annum.

K.S. Eshwaraiah Vs Divisionl Controller — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:22251 MFA No. 2037 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 2037 OF 2020 (MV-I)

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BETWEEN:

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K.S. ESHWARAIAH, S/O SHIVARUDRAIAH, AGED ABOUT 63 YEARS, R/AT KALYANAPUR, MADIHALLI HOBLI, BELUR TALUK, PRESENTLY R/AT VIJAYANAGARA, BELUR ROAD, HASSAN – 573 201.

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…APPELLANT

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(BY SRI. GIRISH B BALADARE., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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DIVISIONAL CONTROLLER, K.S.R.T.C., CHIKKAMAGALORE DIVISION, CHIKKAMAGALORE – 577 101. …RESPONDENT (BY SRI.M.ASHOK KUMAR, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2019, PASSED IN MVC NO.1099/2017, ON THE FILE OF THE II-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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2 - NC: 2024:KHC:22251 MFA No. 2037 of 2020

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JUDGMENT

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This appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 06.03.2019 in MVC No.1099/2017, passed by the II Additional District and Sessions Court and Additional MACT.

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The claimants filed a claim petition under Section 166 of the MV Act, seeking just and proper compensation for the damages caused to their tractor and trailer due to the rash and negligent driving by the driver of the respondent-Corporation.

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Heard the learned counsel for the parties and perused the records.

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Although the petitioner did not examine the author of Exhibit-P7/Repair bills-estimate issued by the mechanic, the Tribunal, taking into account Ex.P3, P4, and P5, i.e., Spot and Seizure Mahazar, Sketch, and IMV report, assessed the damage caused and awarded global compensation of Rs.50,000/-.

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Learned counsel for the respondent-Corporation vehemently argued that in the absence of documents to establish/substantiate the claim of the claimant, the Tribunal has rightly awarded the compensation amount of Rs.50,000/-.

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A perusal of Ex.P3 and P4 establishes that the damage was caused to the tractor and trailer belonging to the appellant/claimant by the driver of the bus belonging to the respondent-Corporation.

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3 - NC: 2024:KHC:22251 MFA No. 2037 of 2020

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In my view, it would be appropriate to award Rs.75,000/- to the claimant/appellant as total compensation as opposed to the Rs.50,000/- awarded by the Tribunal.

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In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified. The claimant is entitled to a total compensation of Rs.75,000/- as opposed to the Rs.50,000/- awarded by the Tribunal.

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The enhanced compensation amount of Rs.25,000/shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. To this extent, the impugned award stands modified.

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Sd/JUDGE

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RKA

K.S. Eshwaraiah v. Divisionl Controller

Case brief

What is this about?

What did the court decide?

K.S. Eshwaraiah v. Divisionl Controller

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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