Smt.K.Nagarathna Vs Sujin Susheel

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MFA No. 8082 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.8082 OF 2013(MV-I)

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BETWEEN:

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SMT.K.NAGARATHNA AGED ABOUT 34 YEARS, W/O N.S.MOHAN, R/AT D.NO.1901/1, 5^TH CROSS, SUBHAS NAGAR, MANDYA-571 401.

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PRESENTLY R/AT C/O N.RAJASHANKAR, D.NO.637, 4^TH MAIN, 18^TH CROSS, VIDYARANYAPURAM, MYSORE-570 008.

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…APPELLANT

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(BY SRI. SHIVANANDA K, ADVOCATE FOR SRI P NATARAJU, ADVOCATE)

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AND:

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SUJIN SUSHEEL AGED ABOUT 30 YEARS, S/O SUSHEELAN, D.NO.633, 4^TH CROSS, ‘B’ SECTOR, RAMAIAH REDDY COLONY, BASAVA NAGARA, BANGALORE-560 001.

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NATIONAL INSURANCE CO. LTD., NO.371/1A, 3^RD FLOOR, PRESTIGE SHOPPING ARCADE, RAMASWAMY CIRCLE, MYSORE-570 024. REPRESENTED BY ITS MANAGER.

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MFA No. 8082 of 2013

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MUDDURAJ AGED ABOUT 26 YEARS, S/O LAKSHMINARAYANA, R/AT D.NO.41, 1^ST MAIN, S.G.PALYA, D.R.C. POST, BANGALORE-560 001.

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G SRINIVAS AGED ABOUT 30 YEARS, S/O GOPALKRISHNA, NO.8, "M" BLOCK, C.A.R.POLICE QUARTERS, ADUGODI, BANGALORE-560 030. 5. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, NO.1, BALLAL CIRCLE, CHAMARAJAPURAM, MYSORE-570 005.

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…RESPONDENTS

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(BY SRI. K SUNDRARAM, ADVOCATE FOR R1; SRI ANOOP SEETHARAM RAO, ADVOCATE FOR SRI B.C.SEETHARAMA, ADVOCATE FOR R2 SRI JWALAKUMAR, ADVOCATE FOR R5; R4 – SERVED AND UNREPRESENTED; V/O DTD:01.02.2019, NOTICE TO R3 – D/W)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE, AND MACT, MYSORE, IN MVC NO.970/2009 DATED 14.06.2013 AND ENHANCE THE COMPENSATION BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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MFA No. 8082 of 2013

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CAV JUDGMENT

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This appeal is filed by the appellant/claimant seeking

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for enhancement of compensation arising out of judgment and award dated 14.06.2013 in MVC No.970/2009 passed by the III Additional District Judge & Motor Accident Claims Tribunal at Mysuru (for short ‘Tribunal’), for enhancement of compensation.

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The date of accident, involvement of vehicle, injuries sustained as well as liability to pay the compensation are not in dispute.

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Learned counsel for the appellant submits that the Tribunal has failed to consider the case of the appellant/injured and has awarded meager compensation without considering the injuries suffered by the claimant and compensation requires to be enhanced. Accordingly, sought to allow the appeal.

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Learned counsel for the respondents submitted that the appellant has not examined the Doctor, who has treated him and to prove her income, she has not

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MFA No. 8082 of 2013

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produced her salary certificate. He submits that the compensation awarded by the Tribunal is just and proper and does not call for any interference. Accordingly, sought to dismiss the appeal.

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Heard the learned counsel appearing for both the parties, perused the entire material on record.

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It is not in dispute that the appellant has suffered fracture of 9^th , 10^th and 11^th ribs on the right side and there is injury to the spleen. However, it is seen that the compensation awarded on various heads are on the lower side. Taking into consideration the treatment taken and injuries suffered, we are of the considered view that the claimant would be entitled for global compensation of Rs.20,000/- in addition to what is awarded by the Tribunal.

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Respondent Nos.2 and 5 shall deposit the above enhanced compensation along with interest at the rate of 6% per annum in the ratio of 50:50 respectively, within eight weeks from the date of receipt of copy of this order.

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MFA No. 8082 of 2013

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8. 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 judgment and award dated 14.06.2013 in MVC no.970/2009 passed by the III Additional District Judge & Motor Accident Claims Tribunal at Mysuru stands modified.

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iii. The appellant is entitled to global compensation of Rs.20,000/- with interest at the rate of 6% per annum from the date of petition till realization.

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iv. The respondent Nos.2 and 5 – Insurance Companies shall deposit the amount in the ratio of 50:50 respectively within eight weeks from the date of award.

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v. Upon deposit, entire amount shall be released in favour of appellant on proper identification in terms of award.

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vi. Registry is directed to transmit the TCR along with copy of this Judgment to the Tribunal forthwith.

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vii. No order as to costs.

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Sd/(DR.K.MANMADHA RAO) JUDGE

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MH/-

Smt.K.Nagarathna v. Sujin Susheel

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Smt.K.Nagarathna v. Sujin Susheel

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