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.4027/2016 [MV] BETWEEN :
AVINASH E.K.
S/O KRISHNEGOWDA AGED ABOUT 26 YEARS R/AT ECHAGERE VILLAGE KERAGODU HOBLI MANDYA TQ & DIST – 571 438 ...APPELLANT (BY SRI SRINIVASAN M.Y., ADV.) AND :
1. KUMAR C J S/O LATE JAVAREGOWDA MAJOR R/AT NO.310, B M S SRINAGARA 9TH CROSS, METAGALLI MYSURU – 570 016.
2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO LTD NO.846, NEW KANTHA RAJE URS ROAD NEAR AKSHYABANDARA KUVEMPUNAGAR MYSURU – 570 019. …RESPONDENTS (BY SRI D.VIJAY KUMAR, ADVOCATE FOR R2;
VIDE ORDER DATED 6.10.2016 R1 NOTICE DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2016 PASSED IN MVC NO.1852/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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 22.02.201 passed by the Additional Senior Civil Judge MACT, Srirangapatna in MVC No. 1852/2012.
2. It is the case of the appellant that the appellant has sustained grievous injuries in a motor cycle accident occurred on 20.11.2012. The Tribunal has awarded a compensation of Rs.2,44,680/-. Aggrieved by the same, the appellant has filed this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned 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 and perused the Judgment and Award passed by the Tribunal. Considering the nature of the injuries suffered by the injured, the compensation awarded by the Tribunal on all the heads is little meager. Hence, I am inclined to award a global compensation of Rs.80,000/-.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for an enhanced global compensation of Rs.80,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE Nm