IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.3782 OF 2012 (MV) BETWEEN:
G.MUNIKRISHNAPPA S/O LATE GANESHAPPA AGED 39 YEARS, R/O KALWA MANJALI VILLAGE, VEMGAL HOBLI, KOLAR TALUK ... APPELLANT (BY SRI.PAVANA CHANDRA SHETTY H, ADV.) AND:
1. N.V.NAVARAJ @ NATARAJ S/O VENKATARAMANAPPA MAJOR, NO.40, NADAVATHI VILLAGE AND POST HOSAKOTE TALUK, BANGALORE RURAL DIST.- 562 114 2. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED NO.2, IST FLOOR, SNR ORCHAD, AYYAPPA TEMPLE ROAD, JALAHALLI CROSS, PEENYA BANGALORE - 560 057 REP. BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2; R-1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.03.2012 PASSED IN MVC NO.74/2011 ON THE FILE OF THE C/C I ADDITIONAL DISTRICT JUDGE, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the accidental injuries suffered in the road traffic accident on 27th February 2011, the appellant made claim petition before the Motor Accident Claims Tribunal, Kolar. The Tribunal, by its order dated 02nd March, 2012 passed in MVC No.74 of 2011 awarded compensation of Rs.4,45,000/-. Being not satisfied by the compensation awarded, the appellant is before this court in this appeal seeking enhancement in the compensation.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal is on the lower side. He submits that the compensation awarded under the head future medical expenses, under the head pain and suffering as also the compensation awarded under the head loss of amenities is on the lower side and prays for enhancement. After arguing the matter for some time, the learned counsel appearing for the appellant submits that awarding another sum of Rs.1,20,000/- would meet the ends of justice. In the facts and circumstances of the case, in my considered opinion also, suffice it if further global compensation of Rs.1,20,000/- is awarded. Accordingly, the same is awarded. It is made clear that the enhanced amount does not carry any interest. Appeal is partly allowed.
Sd/-
ACTING CHIEF JUSTICE lnn