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 MISCELLANEOUS FIRST APPEAL No.5192/2016 (MV) BETWEEN:
G L ROHITH S/O LOKESHA AGED 20 YEARS R/O GOWDAHALLI VILLAGE K.SHETTAHALLI HOBLI SRIRANGAPATNA TQ, MANDYA DISTRICT – 571 438 ... APPELLANT (BY SRI.SREENIVASAN M Y, ADV.) AND:
1. MALLIKARJUNA S/O LATE DODDEGOWDA MAJOR, R/AT GOWDAHALLI VILLAGE K.SHETTAHALLI HOBLI SRIRANGAPATNA TQ. MANDYA DISTRICT - 571 439 2. THE MANAGER (LEGAL) IFFCO TOKIO GENERAL INSURANCE CO. LTD., R/AT #35, 1ST FLOOR, NEAR AKSHAYA BHANDARA NEW KANTHARAJA URS ROAD KUVEMPUNAGARA, MYSORE – 570 023 ... RESPONDENTS (BY SRI. B C SEETHARAMA RAO, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.04.2016 PASSED IN MVC NO.844/15 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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:-
J U D G M E N T For the injuries suffered in the road traffic accident on 04th July 2015, the claimant made claim petition before the Motor Accident Claims Tribunal, Srirangapatna. The Tribunal, by its Judgment and award dated 02nd April 2016 passed in MVC No.844 of 2015 awarded compensation of Rs.3,60,160/- with interest at 9% per annum. Being not satisfied with the compensation awarded, the Claimant is before this Court in this appeal.
2. After arguing the matter for considerable length of time, both the learned counsel submit that the appeal may be disposed of by awarding globally a sum Rs.1,00,000/- in addition to what has been awarded by the Tribunal. Placing the submission made by both the learned counsel on record, the appeal stands disposed of by awarding another Rs.1,00,000/- globally. It is made clear that the enhanced amount does not carry any interest. Apportionment shall be as per the award of the Tribunal.
lnn Sd/- JUDGE