IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.3408 OF 2014 (MV) BETWEEN:
MR.CHANDRAHASA S/O. KANTHAPPA MESTRY, AGED ABUT 29 YEARS, R/AT GIDIHERE HOUSE, KONDE MOOLYA VILLAGE, KATEEL POST, MANGALORE TALUK, D.K. DISTRICT ... APPELLANT (BY SRI.RAVISHANKAR SHASTRY G, ADV.) AND:
1. MR.ABDUL AZEEZ S/O. ABDUL KHADER, AGED ABOUT 32 YEARS, R/AT MITHILA MEGINA MANE, PORKODI, BAJPE, KENJARY VILLAGE, MANGALORE TALUK, D.K. DISTRICT, PIN – 575 012.
2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, LALBAGH TOWER, M.G.ROAD, MANGALORE, D.K., REPRESENTED BY ITS MANAGER, PIN – 575 003. ... RESPONDENTS (BY SRI. H.N.KESHAVA PRASHANTH, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.09.2013 PASSED IN MVC NO.1245/2011 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE & MEMBER, MACT, MANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road in the road traffic accident that took place on 04th July 2011, the appellant herein made claim petition before the Motor Accident Claims Tribunal, Mangalore. The Tribunal, by its judgment and award dated 20th September 2013 passed in MVC No.1245 of 2011, awarded compensation of Rs.1,03,200/-. Being not satisfied with the award amount the appellant is before this Court seeking enhancement.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant and also taking note of the age of the appellant, in my considered opinion, awarding sum of Rs.1,00,000/- globally, in addition to what has been awarded by the Tribunal, would meet the ends of justice. Accordingly, the same is awarded. It is also made clear that the enhanced amount does not carry any interest. The enhanced compensation shall be disbursed to the appellant under account payee cheque with due identification.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn