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.4020/2015 [MV] BETWEEN :
SMT.BHAVYA W/O ROHITH AGED ABOUT 21 YEARS R/AT KABBALI VILLAGE AND POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT. ...APPELLANT (BY SRI SHEKARAPPA, ADV.) AND :
1. SRI M.SHANKAR S/O MANI K R/AT HIG 25, OLD SSTC HUDCO HOSUR, T K KRISHNAGIRI DISTRICT TAMILNADU STATE – 635 109 2. IFCO TOKIO GEN., INS., CO LTD IFCO TOWER, FLAT NO.3, SECTOR 29, GURUGAV, HARIYANA – 122 001 REP BY IFCO TOKIO GEN., INS., CO. LTD CUSTOMER SERVICE CENTRE SERI SHANTHI TOWER 5TH FLOOR, D.NO.141, 3RD MAIN EAST OF NGEF LAYOUT KASTHUR NAGAR BANGALORE. …RESPONDENTS (BY SRI E.I.SANAMTHI, ADVOCATE FOR R2; R1-SERVED) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 26.08.2014 PASSED IN MVC NO.1122/2013 ON THE FILE OF SENIOR CIVIL JUDGE & MACT, AT CHANNARAYAPATNA, 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 26.08.2014 passed by the Senior Civil Judge & MACT at Channarayapatna in MVC No. 1122/2013.
2. It is the case of the appellant that the appellant has sustained grievous injuries in a motor cycle accident occurred on 18.04.2013. The Tribunal has awarded a compensation of Rs.2,44,300/-. 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 injuries sustained by the appellant and the length of treatment taken by the appellant and it is in the evidence of the doctor that the appellant was treated surgically by ORIF with reconstruction plate and screw on 29.4.2013 and treated as inpatient from 18.4.2013 to 04.05.2013 and at the time of discharge, the fracture was not united and above elbow POP slab was applied, I am inclined to grant the global compensation of Rs.1,15,000/- without interest in addition to the compensation awarded by the Tribunal.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for an enhanced companion of Rs.1,15,000/- in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE Nm