IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.8842 OF 2015 (MV) BETWEEN:
G.HANUMANTHARAYAPPA S/O LATE GANGAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.2985/031, 1ST "A" MAIN ROAD, "C" BLOCK, GAYATHRINAGAR, BENGALURU – 560 021.
(BY SRI.VENKATE GOWDA K, ADV.) AND:
1. M/S.BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., REPRESENTED BY ITS LEGAL MANAGER, NO.59/23, 4TH FLOOR, 4TH "N" BLOCK, GOLDEN HEIGHTS, RAJAJINAGAR ENTRANCE, BENGALURU – 560 010.
2. K.S.FRANCIS MAJOR IN AGE, NO.23, JYOTHINAGAR, 5TH CROSS, 1ST MAIN, VIMANAPUR POST, BENGALURU - 560 017.
... APPELLANT 3. MR. PYARIS S/O ARULDAS, MAJOR, NO.14, 1ST CROSS, S.K. GARDEN, BENSON TOWN, BENGALURU ... RESPONDENTS (BY SRI.P B RAJU, ADV. FOR R1; SRI.H.NARASIMHA MURTHY ADV. FOR R3; R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.08.2015 PASSED IN MVC NO.1115/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident that took place on 29th November 2013, the injured made claim petition before the Motor Accident Claims Tribunal, Bangalore (SCCH-18). The Tribunal, by its judgment and award dated 12th August, 2015 passed in MVC No.1115 of 2014 awarded compensation of Rs.2,46,000/- with interest at 9% per annum from the date of petition till the date of deposit. Being not satisfied with the compensation amount, the appellant is before this court in this appeal, 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 awarding a sum of Rs.35,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn