Claimant appealed against the MACT's compensation of Rs.45,000 for grievous injuries sustained in a 2013 road accident. The High Court noted the doctor was not examined and found no reason to interfere with the Tribunal's award, rejecting the appeal.
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NC: 2024:KHC:12791 MFA No. 6854 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.6854 OF 2015(MV-I)
BETWEEN:
SRI. AVINASH VEMULA, S/O VISHWANATH, AGED 28 YEARS, R/AT NO.691, 30TH CROSS, THILAKNAGAR, BENGALURU. PERMANENTLY R/AT NO.9/32, KALLURU RAILWAY STATION, BLOCKS 10,11,12, GANLADINNE MANDAL, ANANTHPUR.
…APPELLANT
(BY SRI. RAGHAVENDRA.E.P., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. H.S.LINGARAJ., ADVOCATE FOR R1; NOTICE TO R1-DISPENSED WITH V/O DATED:12.03.2020)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:06.06.2015
NC: 2024:KHC:12791 MFA No. 6854 of 2015
PASSED IN MVC NO.4597/2013 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Raghavendra.E.P., learned counsel for the appellant has appeared through video conferencing.
Sri.H.S.Lingaraj., learned counsel for respondent No.1 has appeared in person.
21st day of June 2013. It is the contention of the claimant that he sustained grievous injuries. However, the doctor has not been examined in the present case. In the absence of the doctor's evidence, it is hard to assess the gravity of the injuries and also the disability. The Tribunal extenso referred to the material on record and taking note of the grievous injuries sustained by the claimant awarded compensation of Rs.45,000/- (Rupees Forty Five Thousand only) together with interest at the rate of 8% per annum from the date of claim petition till its realization. I find no reasons to interfere with the Judgment of the Tribunal.
For the reasons stated above, the appeal is devoid of merits and it is liable to be rejected.
Sd/JUDGE
TKN
List No.: 1 Sl No.: 9
1 issue framed by the court
Whether the Tribunal's judgment awarding compensation of Rs.45,000 with interest required interference.
1 provisions across 1 enactments
Sri. Avinash Vemula
Mr. S.Suresh
Branch Manager, The National Insurance Co. Ltd., RO
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
