Appeal against Motor Accident Claims Tribunal award for enhancement of compensation. Court allowed additional global compensation of Rs. 15,000 plus interest at 6% p.a. from petition date, rejecting delayed period interest.
Additional global compensation of Rs. 15,000/ - along with interest at 6% per annum from date of petition till realization.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.4477 OF 2012 (MV)
BETWEEN:
KUM. AISHWARYA, D/O. S. PUTTASWAMY, AGED ABOUT 15 YEARS, SINCE MINOR REP BY NATURAL GUARDIAN FATHER SRI. S. PUTTASWAMY, R/AT NO.3, 14TH BLOCK, NANDI SANKIRANA, ADUGODI BANGALORE - 560 030. (BY SMT. GEETHA MISRA., ADVOCATE)
...APPELLANT
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
NO 8 AND 9 AREKEMPANAHALLI, OPP 9TH ‘A’ CROSS, WILSON GARDEN, BANGALORE.
...RESPONDENTS
(BY SRI. K POORNABODHA RAO ADVOCATE FOR R2; SRI. S.Y. KUMBAR ADVOCATE FOR R3; V/O DATED 12.02.2015 NOTICE TO R1 HELD SUFFICIENT)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.7.2011 PASSED IN MVC NO.8661/2008 ON THE FILE OF THE 24TH ADDITIONAL SMALL CAUSES JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 13.07.2011 passed in MVC.No.8661/2008 on the file of Motor Accident Claims Tribunal, XXIV Additional Small Causes Judge, Bengaluru, for seeking enhancement of compensation.
the claimant and coverage of insurance are not in dispute.
the records.
on record, it is proved that the appellant/claimant had suffered the following injuries:-
“Tenderness and swelling over the left ankle and X-ray shows fracture of left talar neck fracture.”
NC: 2024:KHC:48859 MFA No. 4477 of 2012
sustained by the appellant/claimant, it is just and proper to award additional global compensation of Rs.15,000/-. Accordingly, the appellant/claimant is entitled to additional global compensation of Rs.15,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal.
ORDER
SD/(HANCHATE SANJEEVKUMAR) JUDGE
SRA
List No.: 1 Sl No.: 0
2 issues framed by the court
Whether additional global compensation should be awarded to a minor girl who suffered a fracture of the left talar neck.
Whether the appellant is entitled to interest for the delayed period in filing the appeal.
1 provisions across 1 enactments
Kum. Aishwarya
Sri. Vivek. S. Hebbar
The Oriental Insurance Co. Ltd.
Sri. Mubarak Pasha
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
