IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A. No.6095 OF 2018 (MV) BETWEEN BABY DEETHA D/O. SRI K.M.SHARATH AGED ABOUT 7 YEARS SINCE MINOR REPRESENTED BY HIS FATHER & NATURAL GUARDIAN D/O. SRI K.M.SHARATH S/O. SRI MRUTHYUNJAYA K.M. AGED ABOUT 42 YEARS OCC: AGRICULTURE R/O. KITTADAL VILLAGE & POST HOSADURGA TALUK CHITRADURGA DISTRICT – 577 527. ... APPELLANT (BY SMT.SUNITHA B.H., ADVOCATE FOR SRI SURESH M.LATUR, ADVOCATE) AND 1. SRI BHIMASHANKAR S/O. SRI MALLESHAPPA PATNAPUJARI R/O. RAMANAGAR KAKDE CHOWK RING ROAD GULBARGA DISTRICT – 585 217.
2. THE MANAGER SRIRAM GENERAL INSURANCE CO. LTD., 3RD FLOOR, MONARCH CHAMBERS INFANTRY ROAD BENGALURU – 560 001. ... RESPONDENTS THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.02.2018 PASSED IN M.V.C.NO.2655/2016 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This claimant’s appeal challenge is laid to impugned judgment and award dated 28.02.2018 tendered by MACT, Bengaluru in M.V.C.No.2655/2016, whereby a compensation of Rs.50,000/- (Rupees Fifty Thousand only) with interest at the rate of 9% p.a. has been awarded. The challenge is on the ground of inadequacy of compensation.
The challenge in this appeal is negative because:
(a) the injured claimant was not admitted to the hospital even for a day;
(b) the Doctor who is stated to have treated the appellant/claimant has not been examined nor assigned any reason for not examining the said Doctor; and (c) even otherwise also, no case is made out for enhancement of compensation.
Accordingly, the appeal is rejected.
Sd/- JUDGE KA