The High Court allowed an appeal under Section 173(1) of the Motor Vehicles Act to enhance compensation from Rs.2,72,500 to Rs.3,02,500, directing the response corporation to deposit the enhanced amount within eight weeks with interest.
Enhanced compensation awarded at Rs.3,02,500 with 6% p.a. interest from the date of the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 4177 OF 2018 (MV-I)
BETWEEN:
S P CHANDRASHEKARGOWDA S/O LATE NANDI BASAPPA AGED ABOUT 58 YEARS OCC: AGRICULTURIST AND BUSINESSMAN R/O: SAVALANGA VILLAGE, HONNALI TALUK DAVANAGERE - 577225.
…APPELLANT
(BY SRI. JAGADISHA S.G., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS
NC: 2024:KHC:25291 MFA No. 4177 of 2018
(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2 AND R3; V/O DATED 21.11.2023 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2014 PASSED IN MVC NO.109/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING 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 appeal under Section 173(1) of the Motor Vehicle Act arises of the judgment and award dated 9.1.2014 in MVC No.109/2011 passed by the learned Senior Civil Judge and Member Addl. MACT, Harihar, (hereinafter referred to as the 'Tribunal').
NC: 2024:KHC:25291 MFA No. 4177 of 2018
Sd/JUDGE
BKM
1 issue framed by the court
Whether the compensation awarded by the Tribunal should be enhanced by a global sum of Rs.30,000.
1 provisions across 1 enactments
S P Chandrashekargowda
Shashikanth Pande
The Divisional Controller NWKRTC, Belgaum Division
The Managing Director / Chairman Internal Security Fund KSRTC
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
