Partly allowed

Smt Sakamma v. Sri Vivek S Hebbar

Karnataka HC27 Nov 2024MFA/4478/2012

Case brief

AI extract

What is this about?

The Mysore High Court allowed the first appeal filed under Section 173(1) of the MV Act partly. The Court enhanced the global compensation awarded by the Motor Accident Claims Tribunal from Rs.40,000 to Rs.60,000 and directed interest at 6% per annum from the date of the petition.

What did the court decide?

Government allowed an additional global compensation of Rs.20,000/- along with 6% interest from the date of the petition but denied interest for the delay of 154 days caused by filing the appeal.

Smt Sakamma Vs Sri Vivek S Hebbar — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:48858 MFA No. 4478 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4478 OF 2012 (MV)

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BETWEEN:

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SMT. SAKAMMA, AGED ABOUT 54 YEARS, R/AT NO.3, 14^TH BLOCK, ADUGODI, BANGALORE – 560 030.

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...APPELLANT

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(BY SMT. GEETHA MISRA., ADVOCATE)

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AND:

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SRI. VIVEK S. HEBBAR, PROPRIETOR DREAM LOGISTICS COMPANY, BADDI COMPLEX, YELLAPUR, UTTARA KANNADA, KARNATAKA - 581 359.

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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THE ORIENTAL INSURANCE CO LTD., REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE - 560 002, REPRESENTED BY ITS REGIONAL MANAGER.

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SRI. MUBARAK PASHA, S/O. A.K. SARDAR PASHA, NO.8 AND 9, AREKEMPANAHALLI, OPP ‘A’ CROSS, WILSON GARDEN, BANGALORE – 560 027.

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...RESPONDENTS

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NC: 2024:KHC:48858 MFA No. 4478 of 2012

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(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)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.07.2011 PASSED IN MVC NO.8660/2008 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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This Miscellaneous First Appeal is filed by the appellant/claimant challenging the judgment and award dated 13.07.2011 passed in MVC.No.8660/2008 on the file of Motor Accident Claims Tribunal, XXIV Additional Small Causes Judge, Bengaluru, for seeking enhancement of compensation (hereinafter referred to as ‘the Tribunal’).

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The factum of accident, injuries sustained by

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the claimant and coverage of insurance policy are not in dispute.

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NC: 2024:KHC:48858 MFA No. 4478 of 2012

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Heard the arguments of both sides and perused

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the materials placed on record.

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In the present case, from the medical evidence

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on record, it is proved that the claimant had suffered the following injuries:-

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i. Sutured wound over left cheek and tenderness over the left foot.

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ii. X-ray shows cuboid fracture of left foot and abrasion over left arm, left side chest.

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In the present case, the claimant is 54 years

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old, who has suffered sutured wound over left cheek and tenderness over the left foot X-ray shows cuboid fracture

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of left foot and abrasion over left arm, left side chest and other grievous injuries and she has taken treatment as inpatient for a period of 5 days. Considering the nature of injuries sustained by the claimant and she was working as

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a Coolie before the accident, the Tribunal has awarded global compensation of Rs.40,000/-. Considering the nature of injuries sustained by the claimant, it is just and

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4 - NC: 2024:KHC:48858 MFA No. 4478 of 2012

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proper to award additional global compensation of Rs.20,000/-.

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Accordingly, the claimant is entitled to

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additional global compensation of Rs.20,000/- 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.

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Accordingly, I proceed to 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 13.07.2011 passed in MVC.No.8660/2008 on the file of Motor Accident Claims Tribunal, XXIV Additional Small Causes Judge, Bengaluru, is hereby modified to the extent that the claimant is entitled to additional global compensation of Rs.20,000/- 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.

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iii. No order as to costs.

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5 - NC: 2024:KHC:48858 MFA No. 4478 of 2012

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iv. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.

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v. Draw award accordingly.

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vi. The claimant is not entitled to interest for the delayed period of 154 days in filing the appeal.

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SD/(HANCHATE SANJEEVKUMAR) JUDGE

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SRA List No.: 1 Sl No.: 0

Smt Sakamma v. Sri Vivek S Hebbar

Case brief

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Smt Sakamma v. Sri Vivek S Hebbar

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