Partly allowed

Sri Basavalingappa v. Sri Arun Kumar

Karnataka HC7 Mar 2024MFA/5882/2022

Case brief

AI extract

What is this about?

Claimant sought enhancement of compensation awarded by the MACT Ramanagara for simple injuries in a motor accident. The tribunal granted Rs.20,000; finding no disability, the High Court added Rs.25,000, awarding total compensation of Rs.45,000 with interest at 6% p.a., payable by the insurer.

What did the court decide?

Enhanced compensation of Rs.45,000 with 6% interest, payable by insurer within four weeks

Sri Basavalingappa Vs Sri Arun Kumar — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:9672 MFA No. 5882 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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MISCELLANEOUS FIRST APPEAL NO. 5882 OF 2022 (MV-I)

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BETWEEN:

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SRI BASAVALINGAPPA, S/O LATE KENCHAPPA, AGED ABOUT 46 YEARS, R/AT HUNASANAHALLI VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK AND DIST.

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…APPELLANT

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(BY SRI. RAJU S., ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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SRI ARUN KUMAR, S/O LAKSHMANA, R/AT NO.3546, WARD NO.20 THURUPALAYA, RAMANAGARA TOWN AND DIST-572 159.

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SRI RAM GENERAL INSURANCE CO LTD., S-5, 2^ND FLOOR, MUNARCH CHAMBERS, INPRETTY ROAD, BENGALURU-560 001. REPTD BY ITS BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI. B.C. SHIVANNEGOWDA.,ADVOCATE FOR R2; VIDE ORDER DATED 01.02.2024 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2022 PASSED IN MVC

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NC: 2024:KHC:9672 MFA No. 5882 of 2022

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NO. 597/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is preferred by the claimant challenging the judgment and award dated 29.01.2022 passed by Additional Motor Accidents Claims Tribunal and III Additional District and Sessions Judge, Ramanagara (for short ‘the tribunal’) in MVC.No.597/2017.

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Having heard learned counsel for appellant-

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claimant, the point that would arise for consideration:

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(i) Whether the claimant is entitled for enhancement of compensation?

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The occurrence of accident, involvement of the vehicle, injuries sustained by the claimant are established by production of Exs.P1 to P12. There are simple injuries. Therefore, the tribunal has awarded global compensation of Rs.20,000/- along with interest at 6% p.a. As there is no

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3 - NC: 2024:KHC:9672 MFA No. 5882 of 2022

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disability, the Doctor has not been examined to assess any discomfort for the claimant in his work.

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No material is placed before the Court to show any serious discomfort, disability or hardship having been caused other than simple injuries by the appellant. Considering the facts and circumstances of the case and submission put forth by the learned counsel for the appellant, this Court is of the opinion that additional amount of Rs.25,000/- would be awarded to meet the ends of justice. Accordingly, in all, the claimant would be entitled to total compensation of Rs.45,000/-.

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Accordingly, I 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 judgment and award dated 29.01.2022 passed by Additional Motor Accidents Claims Tribunal and III Additional District and Sessions Judge, Ramanagara in MVC.No.597/2017 is modified;

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iii) The claimant would be entitled to a sum of Rs.45,000/- with interest @ 6% p.a.

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4 - NC: 2024:KHC:9672 MFA No. 5882 of 2022

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iv) The enhanced compensation amount shall be paid by the respondent-Insurance Company within a period of four weeks from the date of receipt of a copy of this order;

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v) The compensation amount shall be released in favour of the claimant upon proper verification;

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vi) All other terms and conditions stipulated by the tribunal shall stand intact.

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Sd/JUDGE

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AM List No.: 1 Sl No.: 68

Sri Basavalingappa v. Sri Arun Kumar

Case brief

What is this about?

What did the court decide?

Sri Basavalingappa v. Sri Arun Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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