IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5189 OF 2018 (MV) BETWEEN:
A.S.NINGAPPA S/O SIDDEGOWDA NOW AGED ABOUT 44 YEARS, R/AT NO.12, AJJAHALLI MADDUR TALUK, MANDYA DISTRICT. ... APPELLANT (BY SRI.RANGE GOWDA N.R., ADV.) AND:
1. CHANDRAHASA K.B. S/O BOMMAIAH AGED MAJOR R/AT KAGEHALLADA DODDI, KANNALLI (P) MANDYA TALUK, AND DISTRICT.
2. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE, SRI.SHANTHI TOWERS, NO.141, 5TH FLOOR, III MAIN, EAST TO NGEF LAYOUT, KASTURINAGAR, BANGALORE - 560 043. ... RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06/03/2018, PASSED IN MVC NO.6167/2016, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-17), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries sustained in the road traffic accident that took place on 24th August, 2016, the injured made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 06th March, 2018 passed in MVC No.6167 of 2016 awarded compensation of Rs.3,85,482/-. Being not satisfied with the compensation amount, the appellant is before this Court in this appeal, seeking enhancement.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding a sum of Rs.60,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice.
Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn