Luckman Shariff v. Mohin Pathan
Case brief
What is this about?
Enhancement of motor-vehicle own-damage compensation; Karnataka HC MFA No. 3615 of 2017 (MV-DM) (NC: 2025:KHC:27071); appeal under Section 173(1) Motor Vehicles Act 1988 against MVC No.828/2014, Judge Principal Court of Small Causes MACT Mysuru, award dated 17.01.2017 totalling Rs 1,10,000; adequacy of quantum; difference amount for cost of repair held on the lower side; authorised-dealer invoice Ex.P7 Rs 4,55,632; own-insurer reimbursement approval Ex.P16 Rs 3,33,192; net repair cost Rs 1,22,440; enhancement of Rs 47,440 at 6% p.a. from date of petition; deposit within six weeks and digital release; car KA-09-MA-9752 damaged in accident of 2.5.2014; claimant Luckman Shariff v. Mohin Pathan @ Momin Pathan (owner) and Regional Manager, Royal Sundaram Alliance Insurance Co Ltd (insurer).
What did the court decide?
Enhancement of compensation: award of the Tribunal modified; claimant entitled to a further compensation of Rs 47,440 together with interest at 6% p.a. from the date of petition till date of payment; insurer-respondent No.2 to deposit the said compensation with accrued interest within six weeks, upon which the entire amount is to be released digitally to the claimant; Registry to draw the modified award; Tribunal records to be transmitted forthwith; no costs.