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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
GEETHA K.B.
Divisional Controller – Appellant
Versus
Kirankumar @ Kiran, S/o. Guddappa Kammar – Respondent
JUDGMENT :
GEETHA K.B., J.
1. The respondent/appellant-KSRTC being aggrieved by the common judgment and award passed in MVC No.619/2015 and MVC No.620/2015 dated 01.04.2016 by the Prl. Senior Civil Judge and AMACT, Ranebennur (for short ’ the Tribunal’) has filed these two appeals; whereas, these two cross-objections are filed by the respective claimants under Order XLI, Rule 22 of C.P.C. praying for enhancement of compensation.
2. Parties would be referred with their ranks as they were before the Tribunal for the sake of convenience and clarity.
3. The claimants in MVC Nos.619/2015 and 620/2015 have filed the respective claim petitions under S.166 of Motor Vehicle Act, 1988 praying for compensation in respect of the injuries sustained in road traffic accident involving motorcycle bearing No.KA-27/EB-0943 and KSRTC bus bearing No.KA-31/F-1183 on 11.09.2014 at 15.40 p.m. on Ukkund Veerapur road near Primary school at Ranebennur.
4. The claimant in MVC No.619/2025 has suffered the injuries in the aforesaid accident as per Ex.P.6-wound certificate, which are as follows:-
1) Contusion with abrasion over right eye;
2) Abrasion over chin;
3) Abrasion over chest;
4) Abrasion over right hand;
5)
Compensation should reflect the correct assessment of disability and income, ensuring that interest rates align with prevailing bank rates, not arbitrarily higher than justified.
The court highlighted the necessity of accurate injury assessment and impact of negligence in determining compensation, ultimately reflecting on the principles of just and reasonable award for damage....
Court modified compensation amounts awarded for injuries in a motor accident, emphasizing the need for adequate reflection of the severity of injuries according to established precedents.
Court modified compensation award due to improper assessment of disability and inadequate evaluation of damages for injuries sustained in an accident.
The main legal point established is the assessment of permanent disability and the quantum of compensation awarded by the Tribunal.
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