High Court of Karnataka Dharwad Bench Decides Appeals Against MACT Award in Motor Accident Claims. Parties Dispute Compensation Amount and Liability of Insurers Under Motor Vehicles Act, 1988.

High Court: Karnataka High Court Bench: DHARWAD
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Issue of Consideration

KAHC020063992014_1

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Case Details

2019 LawText (KAR) (03) 35

M.F.A. No.24179/2012 connected with M.F.A. Nos.24180/2012, 24181/2012, 24182/2012, 24183/2012, 24184/2012, 24185/2012, 23566/2012, 23567/2012, 23568/2012, 101478/2014, 101479/2014, 101480/2014, 101481/2014, 101482/2014, 101483/2014 & 101484/2014

2019-03-28

B.V. Nagarathna, Bellunke A.S.

P.G. Chikkanaragund, Harish S. Maigur, Nagaraj C. Kolloori, G.N. Raichur, R.R. Mane, P.H. Pawar

Mohandas Nair, Lathika Mohandas Nair

M/s. Vivek Transporters, M/s. Reliance General Insurance Co. Ltd.

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Nature of Litigation

Appeals under Motor Vehicles Act against award of compensation by Motor Accident Claims Tribunal.

Remedy Sought

Appellants seek enhancement of compensation (in some appeals) and insurers challenge liability/quantum.

Filing Reason

Dissatisfaction with the judgment and award dated 31.12.2011 passed by the Additional MACT, Kumta.

Previous Decisions

The Additional MACT, Kumta partly allowed the claim petitions in MVC Nos.30/2009 to 36/2009 by award dated 31.12.2011, granting compensation amounts with interest. For instance, in MVC 34/2009, Rs.1,63,132/- was awarded; in MVC 35/2009, Rs.1,55,000/-; in MVC 36/2009, Rs.74,11,000/-.

Procedural History

Claim petitions filed before Additional MACT, Kumta, which passed an award on 31.12.2011. Aggrieved parties filed appeals under Section 173(1) of Motor Vehicles Act, 1988 before the High Court of Karnataka, Dharwad Bench. The appeals are taken up together as connected cases.

Acts & Sections

  • Motor Vehicles Act, 1988: 173(1)
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