IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.6107/2016 (MV) BETWEEN:
1. A SHILPA W/O LATE ANANDA, AGED ABOUT 20 YEARS 2. ALAGAMMA W/O RADHAKRISHNA, AGED ABOUT 42 YEARS 3. RADHAKRISHNA S/O LATE KANAVUDIGOWDAR AGED ABOUT 49 YEARS 4. MAHANANDI S/O LATE ANANDA, AGED ABOUT 2 YEARS, MINOR, APPELLANT NO.4 IS A MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER APPELLANT NO.1 ALL ARE R/AT HALEKOTE JAGERI, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT – 571 303 ... APPELLANTS (BY SRI.SANATH KUMARA K M, ADV.) AND:
1. MAHADEVU S/O MADEGOWDA, MAJOR, R/AT SATHEGALA HAND POST, KOLLEGALA TALUK, CHAMARAJNAGAR DISTRICT – 571 303 2. THE DIVISIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.846, NEW KANTHARAJ URS ROAD, ABOVE SI BAKERY, AKSHAYA BHANDAR, KUVEMPUNAGAR, MYSORE – 570 005 ... RESPONDENTS (BY SRI.T PUTTASWAMY, ADV. FOR R1; SRI.D.VIJAY KUMAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.03.2016 PASSED IN MVC NO.466/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The dependents of the breadwinner of the family who died in the road traffic accident that took place on 24th November 2014 had made claim petition before the Motor Accident Claims Tribunal, Kollegal. The Tribunal, by its award dated 03rd March 2016 passed in MVC No.466 of 2014 awarded compensation of Rs.12,87,000/-. The claimants are before this court seeking enhancement in the compensation.
2. After arguing the matter for considerable length of time, both the learned counsel submit that the appeal may be disposed of by awarding globally a sum Rs.2,00,000/- in addition to what has been awarded by the Tribunal. Placing the submission made by both the learned counsel on record, the appeal stands disposed of by awarding another Rs.2,00,000/- globally. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
lnn Sd/- JUDGE