Allowed

Smt Radhamma v. Sri Syed Zakir Hussain

Karnataka HC11 Mar 2024MFA/4407/2014

Case brief

AI extract

What is this about?

Claimant injured when a car hit the two-wheeler she was riding sought enhancement of the Tribunal's Rs.30,000 global compensation award. The High Court enhanced compensation to Rs.1,00,000 and directed the insurer to pay the enhanced amount with interest.

What did the court decide?

Global compensation enhanced by Rs.70,000 (to Rs.1,00,000 total) payable by insurer with 6% interest within two months.

Smt Radhamma Vs Sri Syed Zakir Hussain — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:9726 MFA No. 4407 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.4407 OF 2014(MV-I)

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BETWEEN:

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SMT. RADHAMMA W/O NARAYANA SWAMY, AGED ABOUT 32 YEARS, R/AT NEAR GOKUL COLLEGE, KOLAR CITY.

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…APPELLANT

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(BY SMT. SUGUNA.R.REDDY., ADVOCATE)

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AND:

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SRI. SYED ZAKIR HUSSAIN S/O SYED USMAN, R/AT NO.136, BADUL RAHIM ROAD, BANGARPET TOWN, KOLAR.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., RGICW, BANGALORE.

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…RESPONDENTS

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(NOTICE TO R1-DISPENSED WITH V/O DATED: 05.07.2022; BY SRI.VIJAYA KUMAR.D., ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:16.08.2013 PASSED IN MVC NO.30/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR.

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NC: 2024:KHC:9726 MFA No. 4407 of 2014

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

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JUDGMENT

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Smt.Suguna R.Reddy., learned counsel for the appellant has appeared in person.

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Sri.Vijaya Kumar., learned counsel for respondent No.2 has appeared through video conferencing.

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Though the appeal is listed today for admission, it is heard finally.

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For the sake of convenience, the parties shall be referred to as per their status and ranking before the Tribunal.

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It is the case of the claimant that on the 30^th day of September 2011, at about 12:00 noon, she and her husband were traveling in two wheeler TVS Heavy Duty bearing Reg. No.AM-07-Q-7528 from Chikkayur to Kolar for personal work and when they reached near Arabikottanur gate and while crossing towards Kolar, a Tata Indica Car bearing Reg. No.KA29-M2703 came from Kolar side in a rash and negligent manner

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so as to endanger human life and hit against the two wheeler. Due to impact, the claimant and her husband sustained

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NC: 2024:KHC:9726 MFA No. 4407 of 2014

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grievous injuries all over their body and immediately they were shifted to SNR Hospital, Kolar for treatment. Contending that she is entitled for compensation, the claimant filed claim petition.

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In response to the notice, the first respondent did not appeared and he placed ex-parte. The second respondent appeared through his counsel and filed written statement and denied the petition averments and prayed for dismissal of the petition.

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Based on the above pleadings, the Tribunal framed Issues, parties led evidence and marked the documents. The Tribunal vide Judgment dated:16.08.2013 allowed the petition in part. It is this Judgment that is called into question in this appeal on several grounds as set-out in the Memorandum of appeal.

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Learned counsel for the appellant has urged several contentions. Heard, the contentions urged on behalf of the appellant and perused the appeal papers with utmost care.

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The point that requires consideration is whether the Claimant is entitled for enhanced compensation?

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NC: 2024:KHC:9726 MFA No. 4407 of 2014

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The facts are sufficiently stated and do not require reiteration. Suffice it to note that the Tribunal extenso referred to the material on record and awarded global compensation of Rs.30,000/- (Rupees Thirty Thousand only) with 6% interest per annum from the date of petition till the date of its realization. However, looking into the nature of injuries sustained by the claimant in the accident, this Court deems it appropriate to enhance the global compensation to Rs.1,00,000/- (Rupees One Lakh only) as against Rs.30,000/(Rupees Thirty Thousand only) awarded by the Tribunal.

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8. Hence, the following:

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ORDER

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The Miscellaneous First appeal is

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allowed . The Judgment dated:16.08.2013 passed by the Motor Accidents Claims Tribunal & II Addl. Senior Civil Judge, Kolar in M.V.C No.30/2012 is modified holding that the claimant is entitled for the enhanced global compensation of Rs.70,000/(Rupees Seventy Thousand only) with 6% interest per annum from the date of the claim petition till the date of realization.

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NC: 2024:KHC:9726 MFA No. 4407 of 2014

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The second respondent - Insurance Company shall deposit the enhanced global compensation along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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Needless to observe that the claimant is

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not entitled for the interest for delay period.

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The Registry to draw the modified award accordingly.

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Office is directed to transmit the original records to the concerned Tribunal forthwith.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 28

Smt Radhamma v. Sri Syed Zakir Hussain

Case brief

What is this about?

What did the court decide?

Smt Radhamma v. Sri Syed Zakir Hussain

Case brief

What is this about?

What did the court decide?

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Statutes considered

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