The High Court allowed the appeal and modified the Tribunal's award for death of sheep resulting from a road accident. Compensation was enhanced from Rs. 25,000 to Rs. 50,000 payable by the insurance company.
The judgment was modified to award enhanced global compensation of Rs. 50,000 with 6% interest, to be deposited by the Insurance Company.
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.
NC: 2024:KHC:11066 MFA No. 4530 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 4530 OF 2013 (MV-DM)
BETWEEN:
SRI. KATAIAH @ DURGADA KATAIAH, S/O BALENAHALLI SANNA BORAIAH, AGED ABOUT 65 YEARS, RESIDING AT GIRIYAMMANAHALLY VILLAGE, THALAK HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 501.
…APPELLANT
(BY SRI. SHIVAKUMAR., ADVOCATE FOR SRI. SIDDAPPA.B.M., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
S/O M.K.SIRAZUDDIN, OWNER OF LORRY BEARING REGN. NO. KA 16/A3122, NEAR BADAMAKAN, HORAPETE, CHITRADURGA.
…RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:01.03.2013 PASSED IN MVC NO.31/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHALLAKERE.
NC: 2024:KHC:11066 MFA No. 4530 of 2013
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Sri.Shivakumar., learned counsel on behalf of
Sri.Siddappa.B.M., for the appellant and Sri.B.Pradeep., learned counsel for respondent No.2 have appeared in person.
Notice to the respondents was ordered on 28.10.2013. A perusal of the office note depicts that respondent No.1 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as party in person.
NC: 2024:KHC:11066 MFA No. 4530 of 2013
sheeps. He contended that on account of the accident, the sheeps were dead. However, he has failed to furnish the postmortem report of every sheep. Suffice it to note that the Tribunal extenso referred to the material on record and concluded that the claimant has failed to furnish the postmortem report of every sheep and awarded global compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) with 6% interest per annum from the date of petition till deposit. In my view, the finding so arrived at by the Tribunal is just and proper. However, looking into the loss suffered by the claimant on account of the death of the sheeps, this Court deems it appropriate to enhance the global compensation to Rs.50,000/(Rupees Fifty Thousand only) as against Rs.25,000/- (Rupees Twenty Five Thousand only) awarded by the Tribunal.
6. Hence, the following:
ORDER
claimant is entitled for the enhanced global compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) with 6% interest per annum from the date of the claim petition till the date of realization.
accordingly.
4. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
TKN List No.: 2 Sl No.: 1
Sd/JUDGE
1 issue framed by the court
Whether the judgment of the Motor Accident Claims Tribunal requires interference regarding the compensation awarded?
1 provisions across 1 enactments
Sri. Kataiah @ Durgada Kataiah
K.S.Riyazuddin
Branch Manager, Shirram General Insurance Co. Ltd.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
