IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.2429/2015 (MV) BETWEEN ANKAPPA S/O ANKANAIKA, 41 YEARS, R/O BYALARUHUNDI VILLAGE, KASABA HOBLI, NANJANAGUD TALUK. ... APPELLANT (BY SRI. NAGARAJA R C, ADV.) AND 1. BASHYAM S/O LATE RANGACHARI, 58 YEARS, R/O. FARM HOUSE, CHIKKAHOLE VILLAGE, CHAMARAJNAGAR TALUK AND DISTRICT-571313.
2. THE NATIONAL INSURANCE CO. LTD., NO.1576, 1ST STAGE, V V ROAD, MANDYA-571401, REPTD., ITS BRANCH MANAGER. ... RESPONDENTS (BY SRI. MANJULA N.TEJASWI, ADV. FOR R2, R-1 NOTICE IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.12.2014 PASSED IN MVC NO.74/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 10.12.2014 passed by the Senior Civil Judge & JMFC and MACT at Nanjanagud in MVC No.74/2012. The accident is of the year 2012.
2. It is the case of the appellant that he had suffered injuries in a motor vehicle accident occurred on 17.08.2012. The appellant had filed claim petition before the Tribunal. The Tribunal has assessed the disability to the extent of 10% and has awarded a compensation of Rs.1,86,000/- with interest at the rate of 6% p.a. Aggrieved by the same, the appellant has filed this appeal.
3. Learned counsels for both the parties have submitted that the appeal may be disposed in terms of submission.
4. The submission of both the learned counsels is taken on record.
5. I have heard learned counsel for both sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.1,00,000/- in addition to the award made by the Tribunal.
6. The appellant is entitled for a global compensation of Rs.1,00,000/- without interest in addition to the compensation awarded by the Tribunal.
Accordingly, the appeal stands disposed in terms of submissions made by both the counsels.
CT-HR Chs* Sd/- JUDGE