IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.6063 OF 2016 [MV] BETWEEN CHANDRAPPA @ CHANDRU, S/O. KATHAYAPPA, AGED ABOUT 34 YEARS, R/A. NO.2, RAJA REDDY BUILDING, 1ST MAIN, 6TH CROSS, KRISHNA REDDY LAYOUT, NEAR APPOLO HOSPITAL, KONNAPPA AGRAHARA, BANGALORE, PRESENT ADDRESS:
NO.212, JIGANAHALLI, KADUR, CHIKKAMAGALORE-577 548. ... APPELLANT [BY SRI.JAGADEESH H.T., ADVOCATE] AND 1. I.C.I.C.I. LOMBARD GENERAL CO. LTD., NO.89, 2ND FLOOR, S.V.R. COMPLEX, MADIWALA, HOSUR ROAD, BANGALORE-560 034.
2. MR. ANANTH ASHOK BHAT, S/O. ASHOK R. BHAT, R/AT ARUNA NO.141, 10TH CROSS, SRI. ANANTH NAGAR SOCIETY, ELECTRONIC CITY POST, BANGALORE-560 034. ... RESPONDENTS [BY SRI.H.N. KESHAVA PRASHANTH, ADVOCATE FOR R1.
R2-NOTICE DISPENSED WITH VIDE COURT ORDER DATED 16.04.2018] THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2016 PASSED IN MVC NO.2188/2014 ON THE FILE OF THE 16TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES & MACT., BENGALURU, 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:
JUDGMENT This appeal is preferred by the injured/claimant, seeking enhancement of compensation awarded by the Tribunal.
2. I have heard Sri. Jagadeesh H.T., learned counsel for the appellant and Sri. H.N.Keshava Prashanth, learned counsel for respondent No.1-Insurer.
3. The Tribunal has awarded a total compensation of Rs.4,18,000/- with interest at 9% p.a. for the injuries sustained by the appellant in a road traffic accident.
4. The learned counsel on both side have filed a Joint Memo and submits that the parties have settled the matter in terms of the said memo and the appellant has agreed to receive a global compensation of Rs.50,000/- in addition to what has been awarded by the Tribunal.
5. The Joint Memo is placed on record.
The appeal is disposed off in terms of the Joint Memo.
Accordingly, I pass the following:
ORDER The Judgment and Award dated 04.01.2016 passed by the XVI Additional Judge, Court of Small Causes and MACT., Bengaluru is hereby modified.
The appellant shall be awarded a sum of Rs.50,000/- as global compensation inclusive of interest in addition to what has been awarded by the Tribunal.
The appeal is disposed off.
Sd/- JUDGE.
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