IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE L. NARAYANA SWAMY M.F.A. NO. 2381 OF 2016 (MV) BETWEEN:
Mr. Ashwin Appu Marakala S/o Appu Marakala Aged about 25 years R/o Bhagirathi Anantha Nagar, 2nd Cross, Prasanna Ganapathi Temple Road, Manipal 576 104 Udupi Taluk and District.
... APPELLANT (BY SRI. Sachin B.S., ADV.,) AND:
1. Sri. Nagesh Age 39 years S/o Sukra Poojary Kalaba House, Halavalli village Brahamavara Udupi Taluk & District 576 104 2. Santhosh Kotian S/o Narayana Poojary Aged about 47 years R/o Sri Goutaham ,Uggelbettu Uppor Village, Udupi Taluk & District 576 104 3. The New India Assurance Company Udupi D.O. 2nd Floor, Sri Ram Arcade Head Post office Road, Udupi 576 104 Rep. by its Manager, … RESPONDENTS (BY SRI. K.N. SRINIVASA ADV. FOR R3;
Notice to R1 & 2 dispensed with.
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2015 PASSED IN MVC NO.303/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDL. MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is by the appellant-claimant challenging the judgment and award dated 21/11/2015 passed by the Principal Senior Civil Judge and Addl.
MACT, Udupi, in MVC No.303/2014 seeking enhancement. By considering the matter on hand, the Tribunal has awarded a compensation of `9,18,400/- with interest @ 8% p.a. from the date of the petition till payment.
2. Learned counsel for the appellant submits that the compensation awarded by the Tribunal under all the conventional heads is on lower side, hence seeks for enhancement of compensation awarded by the Tribunal and to allow the appeal.
3. Per contra, learned counsel for the respondent No.3 submits that considering the nature of injuries sustained by the appellant the tribunal has awarded just compensation and there is no scope for enhancement. Hence, he prays for dismissal of this appeal.
4. Leaned counsel for the parties after arguing the matter for some time, submit that globally `1,20,000/- may be awarded without interest.
5. Their submission is placed on record.
In view of the submission made, I am inclined to award a global compensation of `1,20,000/- without interest in addition to the compensation awarded by the Tribunal. Accordingly, the appeal is allowed in part.
Psg* Sd/- JUDGE