First appeal by accident victim challenging partial dismissal of claim for enhancement of compensation. Court enhanced compensation from Rs. 3,02,400 to Rs. 3,50,000 based on disability and medical records.
Compensation enhanced to Rs. 3,50,000 with 6% interest.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 9869 OF 2018 (MV)
BETWEEN:
MAHESH SHETTY S/O MAHABALA SHETTY AGED ABOUT 29 YEARS R/AT "JYOTHI NILAY" MOODUBAGE, AMPAR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576101
…APPELLANT
(BY SRI. GURURAJA SHETTY K .,ADVOCATE)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI.S V HEGDE MULKHAND., ADVOCATE FOR R2: NOTICE TO R1 IS D/W V/O DATED: 31.07.2024)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.09.2018 PASSED IN MVC NO.954/2016 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE & ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
NC: 2024:KHC:34785 MFA No. 9869 of 2018
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
the claimant’s Maruthi Alto Car. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
neither examined any witness nor exhibited any document. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.3,02,400/along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
that due to the accident, the claimant suffered grievous injuries. He was inpatient for a period of 6 days. He has spent more than Rs.65,723/- towards medical expenses. He examined the doctor as PW-2. The doctor, in his evidence, has deposed that the claimant suffered whole body disability at 8%. Considering the injuries suffered by the claimant, disability assessed by the doctor and medical
records, the overall compensation awarded by the Tribunal is on lower side. Hence, he sought for enhancement of compensation.
due to rash and negligent driving of the offending vehicle by its driver.
ORDER
Sd/(H.T. NARENDRA PRASAD) JUDGE
HA
List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the compensation awarded by the Claims Tribunal was adequate or required enhancement?
1 provisions across 1 enactments
MAHESH SHETTY
NAGESH V MAJOR
THE IFFCO TOKIO GENERAL INSURANCE CO LTD
H.T. Narenda Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
