Allowed

S Dinesh v. M Revanappa

Karnataka HC21 Mar 2024MFA/9109/2015

Case brief

AI extract

What is this about?

In a miscellaneous first appeal under Sec. 173(1) of the Motor Vehicles Act, 1988, the High Court enhanced the global compensation from Rs.50,000 to Rs.1,00,000, directing insurance companies to deposit their respective shares with 6% interest.

What did the court decide?

Enhanced global compensation to Rs.1,00,000; Second respondent to deposit Rs.25,000; Fourth respondent to deposit Rs.50,000 with 6% interest.

S Dinesh Vs M Revanappa — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:11778 MFA No. 9109 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.9109 OF 2015(MV-I)

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BETWEEN:

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S.DINESH S/O SURAIAH, AGE 25 YEARS, AGRICULTURIST, R/O MYASARAHATTI, CHITRADURGA, TALUK AND DISTRICT-577 501.

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…APPELLANT

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(BY SRI. SHASHIDHARA.R., ADVOCATE)

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AND:

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M.REVANAPPA

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S/O MARULASIDDAPPA, MAJOR, OWNER OF REPUBLIC BUS BEARING NO.KA-17/A-7065, R/O SIRIGERE, CHITRADURGA TALUK, AND DISTRICT-577 501.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, SHARADA COMPLEX, CHITRADURGA-577 501.

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AJIM

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AGED MAJOR, OWNER OF LORRY BEARING NO.HR-74-6670, H.NO.124, VILLRANIYALAPATAKPUR, THE FIROZPU, ZHIRKAFIRZPUR, ZHIRKA, HARYANA.

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THE MANAGER,

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SRI RAM GENERAL INSURANCE CO. LTD.,

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NC: 2024:KHC:11778 MFA No. 9109 of 2015

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E.8, EPIP, SITAPURA INDUSTRIAL AREA, JAIPUR, RAJASTHAN.

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…RESPONDENTS

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(NOTICE TO R1 & R3-DISPENSED WITH; BY SRI. C.R.RAVISHANKAR., ADVOCATE FOR R2; SRI. A.N.KRISHNASWAMY., ADVOCATE FOR R4;

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:06.04.2015 PASSED IN MVC NO.724/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM, MACT-III, CHITRADURGA.

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

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JUDGMENT

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Sri.Shashidhara.R., learned counsel for the appellant and Sri.C.R.Ravishankar., learned counsel for respondent No.2 have appeared in person.

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Though the appeal is listed today for admission, it is heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on

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NC: 2024:KHC:11778 MFA No. 9109 of 2015

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behalf of the respective parties and perused the appeal papers with utmost care.

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The point that requires consideration is whether the Claimant is entitled for enhanced compensation?

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The Tribunal extenso referred to the material on record and concluded that the drivers of both the vehicles were equally responsible for the accident. In my view, fastening the liability on the owner of the lorry is untenable. Since, both the vehicles are duly insured, the Insurance Company of the respective vehicles are liable to pay the compensation.

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Suffice it to note that the Tribunal awarded global compensation of Rs.50,000/- (Rupees Fifty Thousand only) with 9% interest per annum from the date of petition till realization. However, looking into the nature of injuries sustained by the claimant in the accident, this Court deems it appropriate to enhance the global compensation to Rs.1,00,000/- (Rupees One Lakh only) as against Rs.50,000/- (Rupees Fifty Thousand only) awarded by the Tribunal.

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Counsel Sri.C.R.Ravishankar., submits that the 50% of Rs.50,000/- (Rupees Fifty Thousand only) i.e., Rs.25,000/-

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4 - NC: 2024:KHC:11778 MFA No. 9109 of 2015

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(Rupees Twenty Five Thousand only) has been deposited by second respondent - Oriental Insurance Company Limited. Hence, the second respondent is liable to pay balance amount of Rs.25,000/- (Rupees Twenty Five Thousand only). Counsel therefore, submits that appropriate order may be passed.

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The oral submission made by learned counsel

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Sri.C.R.Ravishankar., is placed on record.

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed . The Judgment dated: 06.04.2015 passed by the Principal Senior Civil Judge, C.J.M. and MACT-III, Chitradurga in M.V.C No.724/2013 is modified holding that the claimant is entitled for the enhanced global compensation of Rs.1,00,000/(Rupees One Lakh only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The second respondent - Insurance Company shall deposit balance compensation of

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5 - NC: 2024:KHC:11778 MFA No. 9109 of 2015

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Rs.25,000/- (Rupees Twenty Five Thousand only) and the fourth respondent - Insurance Company shall deposit compensation of Rs.50,000/- (Rupees Fifty Thousand only) with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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The Registry to draw the modified award

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accordingly.

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4. Office is directed to transmit the original

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records to the concerned Tribunal forthwith.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 18

S Dinesh v. M Revanappa

Case brief

What is this about?

What did the court decide?

S Dinesh v. M Revanappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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