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2025 DAILYLAW 32095 (KAR)

L. VIJAY v. SUDAKARA S

MFA/9454/2015 · 2025-01-06

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:87 MFA No. 9454 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 9454 OF 2015 (MV-DM) BETWEEN: L. VIJAY S/O K.C.LINGEGOWDA, AGED ABOUT 36 YEARS, R/AT KACHIGERE VILLAGE, MANDYA TALUK & DISTRICT - 571 401. …APPELLANT (BY SMT. BHUSHANI KUMAR, ADVOCATE ) AND: 1. SUDAKARA S., S/O SRINIVASA, R/AT NO. 141/3, ADHIBAIRAVA NILAYA, ARAKERE MAIN ROAD, IIM POST, B.G.ROAD, BANGALORE - 560 076. 2. THE MANAGER UNITED INDIA INSURANCE CO., P.B.NO. 119/B, M.C.ROAD, MANDYA CITY. …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH, V/O. DATED 29.06.2021) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.7.2015 PASSED IN MVC NO.1476/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, MANDYA, PARTLY Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:87 MFA No. 9454 of 2015 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Smt.Sreevidhya, who represents Smt.Bhushani Kumar, learned counsel for appellant. Also heard Sri.Laxmi Narasappa, who represents Sri.A.M.Venkatesh, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal, Mandya, in MVC No.1476/2012 dated 30.07.2015. 3. The appellant filed a petition seeking compensation of Rs.1,92,000/- towards damages caused to the Tata Indica Car bearing Registration No.KA.04/MB.9257 in a road traffic accident. The Tribunal, subjecting the evidence that is brought on record to scrutiny, awarded a sum of Rs.50,000/- globally as compensation. Projecting that he is entitled for higher sum, the present appeal is filed. - 3 - NC: 2025:KHC:87 MFA No. 9454 of 2015 4. On this day, learned counsel representing the appellant as well as learned counsel representing the second respondent submits that after due negotiations, the second respondent agreed to pay a sum of Rs.50,000/- more as compensation and the appellant agreed to receive the same and thus the appeal may be disposed of accordingly. 5. Having considered the submission thus made, the appeal is disposed of with the following ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Mandya, through orders in MVC No.1476/2012 dated 30.07.2015 is enhanced by Rs.50,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) The second respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order. - 4 - NC: 2025:KHC:87 MFA No. 9454 of 2015 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 50