IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R. KRISHNA KUMAR MISCELLANEOUS FIRST APPEAL No.6125 OF 2018 (MV) BETWEEN:
Chaitra D/o Gangappa, Aged about 21 years, R/o 1st Cross, Near Ganapathi Temple, Davangere – 577 002. ...Appellant (By Sri. Sree Harsha A K., Advocate) AND:
1. Shriram General Ins Co. Ltd., Represented by its Manager, Door No.85/2, 1st Floor, AMS Complex, Opp: Nandi Petrol Bunk, P.B Road, Davangere – 577 002.
2. Swamy B.M.K., S/o Basavarajappa, Aged about 44 years, Driver of Car Bearing, Reg. No. KA-17/P-5419, R/o No. 80, Siddanamatha at Post, Santhebennur Hobli, Channagiri Taluk, Davanagere District.
3. Lohith Kumar K B., S/o K.M. Basavarajappa, Major, RC Owner of car bearing Reg. No. KA-17/P-5419, R/o No. 80, Siddanamatha at Post, Santhebennur Hobli, Channagiri Taluk, Davanagere District.
… Respondents (By Sri.B.Pradeep, Advocate for R1;
V/o dated 03.12.2019 notice to R2 & R3 dispensed with) This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the Judgment and Award dated 02.04.2018, passed in MVC No.548/2017, on the file of the II Additional Senior Civil Judge & JMFC., and VI – MACT, Davanagere, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for Orders, this day, the Court delivered the following:
JUDGMENT This appeal has been filed by the claimant aggrieved by the impugned judgment and award dated 02.04.2018 passed by II Additional Senior Civil Judge and VI M.A.C.T. at Davanagere (hereinafter referred to as ‘the Tribunal’ for short) in MVC No.548/2017, whereby awarding a sum of Rs.16,580/- together with interest at the rate of 8% per annum in favour of the appellant for the injuries sustained by her in a motor vehicle accident that occurred on 25.01.2018.
2. Though the matter is listed under the Caption ‘Orders’, with the consent of learned counsel for both sides, it is taken up for final disposal.
3. Both learned counsel submit that the occurrence of the accident as well as coverage of the insurance by the Insurance Company are not in dispute and the appeal is restricted to the quantum of compensation awarded by the Tribunal in favour of the appellant.
4. Learned counsel for the appellant submits that having regard to the injuries sustained by the appellant, the compensation of Rs.16,580/- with interest at the rate of 8% per annum awarded by the Tribunal is insufficient, meager and inadequate and same requires enhancement.
5. Per contra, learned counsel for respondent No.1-Insurance Company would support the impugned judgment and award.
6. After hearing the learned counsel for the parties and after perusing the materials on record, I am of the considered opinion that interest of justice would be met by awarding an additional sum of Rs.20,000/- inclusive of interest by way of Global Compensation in favour of the appellant. The said enhanced compensation amount of Rs.20,000/- inclusive of interest by way of Global Compensation shall be deposited by respondent No.1- Insurance company in favour of the appellant within a period of four weeks from this day.
7. In view of the aforesaid discussion, I pass the following:
ORDER i. The appeal is partly allowed.
ii. The impugned judgment and award dated 02.04.2018 passed by the Tribunal is hereby modified awarding an additional enhanced Global Compensation of Rs.20,000/- inclusive of interest in favour of the appellant to be paid by respondent No.1-Insurance Company within a period of four weeks from this day.
Ordered accordingly.
Sd/- JUDGE MBM