Partly allowed

Chandrashekar v. Mr V2 Cargo Movers

Karnataka HC14 Jun 2024MFA/2892/2020

Case brief

AI extract

What is this about?

In this miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act, the High Court at Bangalore enhanced the global compensation awarded to a road accident claimant from Rs. 40,000 to Rs. 50,000 without interest, deeming the original award too low for the injuries sustained.

What did the court decide?

Enhanced compensation of Rs. 50,000/- without interest granted in addition to the Tribunal's award; insurance company directed to deposit within three months with interest liability thereafter for def

Chandrashekar Vs Mr V2 Cargo Movers — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:21250 MFA No. 2892 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. 2892 OF 2020 (MV)

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BETWEEN:

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CHANDRASHEKAR S/O MUDDIYAPPA AGED ABOUT 51 YEARS RAJEEV GANDHI NAGAR DASANAPURA HOBLI SHIVANAPURA COLONY BENGALURU-562 123.

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…APPELLANT

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(BY SRI. CHANNAPPA K N.,ADVOCATE)

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AND:

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MR V2 CARGO MOVERS NO.774, 4TH MAIN, 1^ST CROSS CHOWDESHWARINAGAR

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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LAGERE, BANGALORE-560 058.

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UNITED INDIA INSURANCE CO.LTD. BY ITS REGIONAL MANAGER REGIONAL OFFICE 5TH FLOOR, KRUSHI BHAVAN, NEAR HUDSON CIRCLE NRUPATHUNGA ROAD BANGALORE-560 027.

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…RESPONDENTS

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(BY SMT. GEETHARAJ, ADVOCATE FOR R2; V/O DATED:17.11.2023 NOTICE TO R1 IS D/W)

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NC: 2024:KHC:21250 MFA No. 2892 of 2020

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MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.08.2019 PASSED IN MVC NO. 6320/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, 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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JUDGMENT

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This appeal, filed under Section 173(1) of the Motor Vehicle Act, challenges the judgment and award dated August 9, 2019, passed by the IX Additional Small Causes and Additional MACT, Bangalore (hereinafter referred to as 'Tribunal') in MVC No.6320/2018.

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The claimant, having sustained injuries in an accident, filed a claim petition under Section 166 of the Indian Motor Vehicle Act. The Tribunal awarded a global compensation amount of Rs.40,000/- along with interest at the rate of 6% per annum from the date of the petition until the realization of the entire amount. The claimant is now before this Court seeking an enhancement of the said award.

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The learned counsel for the appellant and the learned counsel for the respondent-Insurance Company have both been heard.

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The fact that the claimant sustained injuries in a road traffic accident on July 12, 2018, is not disputed. Due to the

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NC: 2024:KHC:21250 MFA No. 2892 of 2020

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accident, the claimant sustained abrasions over the right temporal and zygomatic region, a lacerated wound over the lower third of the anterior aspect of the leg, swelling over the left wrist joint, and a fracture of the lower end of the left radius, which is evident from the wound certificate marked as Exhibit P.5. However, the claimant did not choose to examine a doctor to assess permanent disability and also did not produce a discharge summary. The Tribunal awarded a global compensation of Rs.40,000/-, which, in my view, is on the lower side considering the nature of the injuries sustained. Accordingly, I pass the following :

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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 09.08.2019 passed by the IX Additional Small Causes and Additional MACT., Bangalore is hereby modified.

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iii. The appellant/claimant is entitled for enhanced compensation of Rs.50,000/- without interest in addition to Rs.40,000/- awarded by the Tribunal. The enhanced compensation to be deposited by the insurance company within three months from the date of receipt of certified copy of this order, failing which , the insurance company is liable to pay interest at the rate of 6% p.a. thereafter till actual deposit .

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4 - NC: 2024:KHC:21250 MFA No. 2892 of 2020

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iv. Enhanced compensation of Rs.50,000/- is ordered to be released in favour of the

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appellant/claimant.

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Sd/JUDGE

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RL List No.: 1 Sl No.: 28

Chandrashekar v. Mr V2 Cargo Movers

Case brief

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Chandrashekar v. Mr V2 Cargo Movers

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