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 M.F.A. No.1103/2015 [MV] BETWEEN :
SMT. ANITHA, W/O. PRAKASH, AGED ABOUT 26 YEARS, RESIDING AT CHIKKENAHALLI VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT (BY SRI RAJU S., ADV.) AND :
1. SRI SHIVASWAMY, S/O. MAHADEVAIAH, AGE: MAJOR, RESIDING AT CHIKKENAHALLI VILLAGE, KAILANCHA HOBLI, ...APPELLANT RAMANAGARA TALUK AND DISTRICT – 572 159.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.41, 2ND FLOOR, NEAR MANDOVI MOTORS, KRISHTHU COMPLEX, LAVELLE ROAD, BANGALORE – 560 001 …RESPONDENTS (BY SRI PRADEEP, ADV. FOR R-2 NOTICE TO R-1 D/W. V/O. DATED 09.07.2015) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2014 PASSED IN MVC NO.05/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM, ADDITIONAL MACT, RAMANAGARA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 14.10.2014 by the Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge & C.J.M. at Ramanagara in MVC No.05/2013.
2. It is the case of the appellant that the appellant has sustained injuries in a motor cycle accident occurred on 16.08.2012. The Tribunal has awarded a compensation of Rs.1,69,973/-. Aggrieved by the same this appeal is filed.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.
4. The leaned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both sides.
The compensation awarded under all the heads seems to be little meager. Looking to the nature of the injuries sustained by the appellant, I am inclined to award a global compensation of Rs.50,000/-.
6. Hence, the appeal is allowed in part. The appellant is entitled for global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE Nm