IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR MISCELLANEOUS FIRST APPEAL No.2247/2017 (MV) BETWEEN:
ESHWARAPPA S/O. LATE HALAPPA AGED ABOUT 57 YEARS R/OF SINGAPURA VILLAGE CHITRADURGA TALUK & DISTRICT PIN CODE – 577 501 ... APPELLANT (BY SRI.PRAKASHA.H.C., ADV.) AND:
1. MALLESHA.N.E., S/O. ESHWARAPPA, MAJOR, R/O. SINGAPURA VILLAGE CHITRADURGA TALUK & DISTRICT R.C. OWNER OF THE MOTOR CYCLE BEARING REG.NO.KA-16/U-3047 PIN CODE: 577 501.
2. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, JAGALUR MAHALINGAPPA COMPLEX, P.B.ROAD, CHITRADURGA, PIN CODE: 577 501.
3. HALESHAPPA S/O. HONNAPPA, MAJOR R/O. JAIKATTE VILLAGE, CHITRADURGA TALUK, OWNER OF THE CAR BEARING NO.KA-16/U-3047 PIN CODE: 577 501.
4. THE MANAGER, CHOLAMANDALAM GENERAL INSURNACE CO.LTD., NO.9/1, ULSOOR ROAD, BENGALOORU PIN CODE: 560 027.
(BY SRI.VENKATESH.R.BHAGAT, ADV. FOR R2 SRI.H.S.LINGARAJ, ADV. FOR R4 R1 & R3 NOTICE DISPENSED WITH) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.11.2016 PASSED INMVC NO.1372/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard the learned counsel for the appellant and learned counsel for the respondents.
2. Though the appeal is listed for ‘Admission’, with the consent of learned counsel for the parties, it is taken up for disposal.
3. The appellant is claimant and is before this Court being dissatisfied with the quantum of compensation awarded by the MACT-V, Chitradurga by partly allowing the claim petition in MVC No.1372/2015 dated 14.11.2016. By the said order and award, the Tribunal has been pleased to award a sum of Rs.5,22,500/- with interest at the rate of 7.5% p.a.
4. The factum of the accident and the injuries suffered are not in dispute.
5. Learned counsel for the appellant would request the Court to place the appeal before the Lok-Adalath.
6. On a query from the Court, learned counsel for the insurer would submit that in view of the fact that notional income adopted is slightly on the lower side and the Tribunal has failed to award any sum under the heard of ‘Loss of income during laid down period’, the appeal could be disposed of by granting global compensation of Rs.1 Lakh including interest over and above the sum awarded by the Tribunal.
7. Learned counsel for the appellant agrees to the same.
8. Submission of the learned counsel for the parties is placed on record.
In view of the fair submission, the appeal is partly allowed. The appellant would be entitled to global compensation of Rs.1 Lakh over and above the sum awarded by the Tribunal. The enhanced compensation shall be deposited within a period of four weeks from today before the Tribunal.
In view of the above discussions, the finding with regard to apportionment of liability is not interfered with and both the insurers are jointly and severally liable to satisfy the global compensation awarded by this Court.
The disbursement of the award shall be as per the award of the Tribunal.
Office to draw the decree accordingly.
Sd/- JUDGE VM CT:HR