IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.2958/2015 [MV] BETWEEN:
Mr. Ananada @ Ashoka S/o Bettegowda Aged about 30 years R/at Doddabasavanahalli Village, Shanthigrama Hobli, Hassan Taluk, Hassan District.
...Appellant (By Sri P.P. Jayakumar, Advocate) AND:
1. Raveendrakumar S/o Range Gowda Aged about 35 years Markuli Village, Shanthigrama Hobli, Hassan Taluk, Hassan District.
2. The Manager United India Insurance Co. Ltd., Hassan-573 201.
(By Sri. Shankar Reddy, Advocate for R2) …Respondents This M.F.A. is filed under Section 173(1) of the MV Act against the judgment and award dated 03.09.2014 passed in MVC No.1314/2012 on the file of the Presiding Officer, Additional MACT, Fast Track Court, Hassan, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A. coming on for Orders, this day the Court delivered the following Judgment.
J U D G M E N T This appeal is by the appellant-claimant challenging the judgment and award dated 3.09.2014 passed by the Presiding Officer, Additional MACT, Fast Track Court, Hassan, in MVC No.1314/2012 seeking enhancement of compensation.
2. Heard the learned counsel for the appellant and the learned counsel for respondent No.2.
3. The appellant-claimant has suffered injuries in a road traffic accident occurred on 25.6.2012 at about 11.30 p.m. The appellant has suffered the following injuries:
i. Bleeding from nose and morest seen.
ii. Abrasion on forehead 1 x ½ size.
iii. Abrasion on right side face 1 ½ x ½ size.
iv. Abrasion on right elbow joint 1 ½ x 1 size.
4. Considering the medical reports and the evidence of the doctor the Tribunal has awarded compensation of Rs.5,72,275/- with interest at 8% per annum from the date of petition till the date of deposit. The compensation awarded has been examined with reference to the injuries suffered and also the evidence of the doctor. When it is examined conjointly, I hold that the award of compensation itself is on the higher side. Since appeal has not been filed by the Insurance Company, I am not inclined to reduce the compensation.
Under such circumstances, no ground is made out for interference. The appeal is dismissed.
Sd/- JUDGE AP