Partly allowed

Sri Suresh v. M/S Sky Wings Car Rentals

Karnataka HC25 Nov 2024MFA/7447/2014

Case brief

AI extract

What is this about?

Claimant appealed for enhancement of compensation awarded by MACT Bangalore for injuries suffered in a motor accident. Factum of accident, injuries and liability were undisputed. Court awarded additional global compensation of Rs.20,000 with 6% interest and modified the Tribunal's award.

What did the court decide?

Additional global compensation of Rs.20,000/- with 6% p.a. interest from date of petition till realization, in addition to Tribunal award; entire amount released to appellant/claimant.

Sri Suresh Vs M/S Sky Wings Car Rentals — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:48299 MFA No. 7447 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.7447 OF 2014 (MV-I)

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BETWEEN:

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SRI SURESH S/O. RAMAPPA AGED ABOUT 27 YEARS, R/AT SURESH C/O. CHIKKANNA BUILDING,OPPOSITE V.B.B. BAKERY, HEGGANAHALLI MAIN ROAD, PEENYA II^ND STAGE, BANGALORE – 560 091. OLD ADDRESS: BASAVANAHALLI, Y. BASAVANAHALLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT – 577 548. ... APPELLANT

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(BY SMT. BHANU H.M., ADVOCATE FOR SRI M.R. KUMARASWAMY, ADVOCATE)

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AND:

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Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA

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M/S. SKY WINGS CAR RENTALS NO.1, 24^TH MAIN, 12^TH CROSS, 2^ND PHASE, J.P. NAGAR, BANGALORE – 560 078.

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UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., KVD TOWERS, NO.7/3, II FLOOR, ABOVE BARCLAYS FINANCE, OPP: 100 FEET ROAD, OLD MADRAS ROAD, INDIRANAGAR, BANGALORE – 560 038. ... RESPONDENTS

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(BY SRI B. PRADEEP, ADVOCATE FOR R-2; NOTICE TO R-1 DISPENSED WITH)

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2 - NC: 2024:KHC:48299 MFA No. 7447 of 2014

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2014 PASSED IN MVC NO.2672/2012 ON THE FILE OF THE XVI ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION, 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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The present appeal is filed by the

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appellant/claimant challenging the judgment and award dated 28.04.2014 in MVC.No.2672/2012 passed by the

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Court of XVI Addl. Judge, and Member, Motor Vehicles Accident Claims Tribunal, Bangalore (SCCH-14) [hereinafter referred to as 'Tribunal' for short] for seeking enhancement of compensation.

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The factum of accident, the injuries suffered by the claimant and the liability fixed on the respondents are not in dispute.

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3 - NC: 2024:KHC:48299 MFA No. 7447 of 2014

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Heard the arguments from both sides and

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perused the records.

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The Tribunal has awarded compensation

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under various heads as follows:

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Loss of earnings (Rs.150x4)	Amount (in Rupees) 2,100/-
Medical expenses	24,100/-
Food and conveyance	3,000/-
Pain and sufferings	5,000/-
Inconvenience	5,000/-
TOTAL	39,200/-

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From the medical evidence on record, the

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claimant has suffered the deep abrasion on the left half of

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the face with avulsion injury of left ear with condillac tear with exposure of soft tissue, CLW 5 X 1 cms on left eyebrow, CLW on right ear lobe and abrasion over both knee joints.

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4 - NC: 2024:KHC:48299 MFA No. 7447 of 2014

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Therefore, considering the nature of injuries sustained by the claimant, it is just and proper to award additional global compensation of Rs.20,000/-. Accordingly, the appellant/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. 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 28.04.2014 in MVC.No.2672/2012 passed by the XVI Addl. Judge and Member, MACT, is hereby modified to the extent that the appellant/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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5 - NC: 2024:KHC:48299 MFA No. 7447 of 2014

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iii. No order as to costs.

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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. The entire amount shall be released in favour of the appellant/claimant.

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vi. Draw award accordingly.

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SD/(HANCHATE SANJEEVKUMAR) JUDGE

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SSD List No.: 1 Sl No.: 12

Sri Suresh v. M/S Sky Wings Car Rentals

Case brief

What is this about?

What did the court decide?

Sri Suresh v. M/S Sky Wings Car Rentals

Case brief

What is this about?

What did the court decide?

What the court decided

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