MASTER AKASH C S v. K MAHADEVA GAUDA
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 66. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 45
Judgment
THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5829 OF 2021(MV-I) BETWEEN: MASTER AKASH C S S/O SHAMBULINGAPPA AGED ABOUT 16 YEARS SINCE THE PETITIONER IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER SMT. JAYAMMA W/O SHAMBULINGAPPA AGED ABOUT 37 YEARS CHIKKAVVANAGTHIHALLI HULLIKATTE POST DAVANAGERE TALUK & DISTRICT-577 512. (BY SRI. SATISHCHANDRA R, ADVOCATE) …APPELLANT AND:
K MAHADEVA GAUDA S/O K ESHWARA GAUDA AGED ABOUT 41 YEARS NO.87, WARD NO.30, ALLAM LAYOUT JAI NAGAR, 2ND CROSS, CANTONMENT BALLARI-583 104
THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., SHIVANARADA MUNI PLAZA OPP-BHAPUJI DENTAL COLLEGE HC-KAR - 2 - NC: 2026:KHC:38114 MFA No. 5829 of 2021 CNR: KAHC010413522021 MCC "B" BLOCK DAVANAGERE -577 004 …RESPONDENTS (BY SRI. KANTHARAJAPPA M.G, ADVOCATE FOR R1, SRI. RAVISH BENNI, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.09.2021 PASSED IN MVC NO.434/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT-IV, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT
1. The claimant, being dissatisfied with the compensation of Rs.1,02,615/- awarded by the Tribunal vide judgment and award dated 06.09.2021 passed in MVC No.434/2020, is in appeal.
2. The fact that the accident occurred and the further fact that the insurer is liable to pay the compensation as the offending vehicle is insured are not in dispute. HC-KAR - 3 - NC: 2026:KHC:38114 MFA No. 5829 of 2021 CNR: KAHC010413522021
The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars
1. Pain and suffering 2. Medical expenses 3. Loss of earnings due to disability Total Amount in Rs. 15,000 15,615 72,000 1,02,615
Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sums under each head, it would be just and appropriate to award an additional sum of Rs.40,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,02,615/-. Thus, the claimant is held entitled to the total compensation of Rs.1,42,615/- as against Rs.1,02,615/- with interest at 6% p.a from the date of petition till its realization.
The insurer is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. HC-KAR - 4 - NC: 2026:KHC:38114 MFA No. 5829 of 2021 CNR: KAHC010413522021
Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 45
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.