Karnataka High Court
Shashidhar Bhat S/O Srinivas Bhat vs Nisha Rego D/O Norbert Rego on 16 January, 2013
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
MISCELLANEOUS FIRST APPEAL NO.6551 OF 2012 (MV)
BETWEEN:
Shashidhar Bhat,
S/o Srinivas Bhat,
Aged about 33 Years,
R/a House No.4-30(3),
Balmaraguthu, Neerumarga,
MANGALORE TALUK. .. APPELLANT.
(By Sri.Raju Bhat, Adv.)
AND:
1. Nisha Rego,
Aged about 43 Years,
D/o Norbert Rego,
Hill View, Behind Mahaveer
College, Moodbidri,
UDUPI DIST.
2. National Insurance Co. Ltd.,
1st Floor, Nityananda Complex,
Near Bus Stand, Moodbidri,
UDUPI DIST. .. RESPONDENTS.
(By Sri.A.M.Venkatesh,
Adv. for R-2,
R-1 - Notice dispensed with
vide order dated 13.09.2012)
*-*-*-*-*-*-*
2
This appeal is filed under Section 173(1) of Motor
Vehicles Act, against the Judgment and Award dated
02.05.2012 passed in MVC No.496/2011 on the file of the
Senior Civil Judge, Additional MACT, Karkala, partly allowing
the claim petition for compensation and seeking enhancement
of compensation.
This Appeal coming on for Admission this day, the
Court delivered the following:
JUDGMENT
Claimant in MVC No.496/2011 on the file of MACT, Karkala, has come up in this appeal seeking enhancement of compensation for the damages caused to his Maruti Omni bearing No.KA-19/N-7091 in the road traffic accident dated 06.09.2007.
2. The accident is not in dispute, so also damage caused to the vehicle. In the proceedings initiated before the Tribunal, on appreciation of oral and documentary evidence available on record, the Tribunal has awarded Rs.83,490/- towards damages to car, which is in a sum of Rs.80,000/- towards damages assessed and Rs.3,490/- being the fees paid to 3 P.W.2. However, so far as damage that is suffered by the claimant due to non availability of vehicle from the date of accident till it was repaired was not considered by the Tribunal. In that view of the matter, this Court feel that awarding an additional compensation of Rs.20,000/- would meet the ends of justice.
3. Accordingly the appeal filed by the appellant is allowed awarding additional compensation of Rs.20,000/- with interest at 6% p.a., from the date of petition till realisation. The second respondent - Insurance Company is directed to deposit the same within four weeks from the date of receipt of certified copy of Judgment and Award.
Sd/-
JUDGE AGV.