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.4150/2015 [MV] BETWEEN :
D.PAPEGOWDA S/O HONNEGOWDA AGED ABOUT 58 YEARS R/O JAYARAMASHETTY NILAYA VASAVI COMPOUND SHANKARIPURAM HASSAN TOWN & DISTRICT – 573 201 ...APPELLANT (BY SRI GIRISH B.BALADARE, ADV.) AND :
1. THE MANAGER IFCO TOKIO GENERAL INSURANCE CO. LTD SRI SHANTHI TOWER, 5TH FLOOR, NO.141 3RD MAIN ROAD, EAST OF NGEF LAYOUT KASTURI NAGAR, BANGALORE – 560 043.
2. MAHADEVASWAMY.M S/O MADAIAH AGED ABOUT 35 YEARS R/O KOLATHARU VILLAGE SOSALE HOBLI T NARASIPUR TALUK MYSORE DISTRICT – 571 120 …RESPONDENTS (BY SRI H N KESHAVA PRASHANTH, ADV., FOR R1;
VIDE ORDER DATED 18.07.2016 NOTICE TO R2 IS DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 13.10.2014 PASSED IN MVC NO.1159/2013 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, 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 There is a delay of 125 days in filing the appeal. For the reasons stated in the I.A.1/2015. I.A.1/2015 is allowed and the delay is condoned.
2. The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 13.10.2014 by the Principal Senior Civil Judge and Additional M.A.C.T., at Hassan in MVC No.1159/2013.
3. It is the case of the appellant that he has sustained injuries in a motor cycle accident occurred on 08.04.2013. The Tribunal has awarded a compensation of Rs.1,01,000/-. Aggrieved by the same this appeal is filed.
4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.
5. The leaned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. I have heard learned counsel for both sides.
The compensation awarded under other heads is confirmed except under the head of pain and suffering and loss of amenities. Looking to the nature of the injuries sustained by the appellant I am inclined to award another sum of Rs.20,000/- towards pain and suffering and another sum of Rs.15,000/- towards loss of amenities.
7. Hence, the appeal is allowed in part. The appellant is entitled another sum of Rs.35,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount carries interest at 6% p.a., from the date of petition till the date of payment.
Sd/- JUDGE Nm