IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.75/2019(MV) BETWEEN:
SMT.GEETHA @ GEETHAMMA W/O NAGARAJAPPA AGED ABOUT 39 YEARS AGRICULTURIST R/A #184, HOMMADEVANAHALLY GOTTIGERE, BENGALURU – 560 083.
NOW R/A D/O M. GUDADAPPA DEVARAHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577 213. ..APPELLANT (BY SRI GOPALAKRISHNAMURTHY C, ADVOCATE) AND:
1. B MANJUNATH S/O BASAVARAJAPPA MAJOR R/A YAREHALLY VILLAGE HADIKERE POST, TARIKERE TALUK CHIKKAMAGALURU DISTRICT – 577 228. (OWNER OF THE VEHICLE BEARING No.KA-18-B-4315) 2.THE MANAGER UNIVERSAL SAMPO GENERAL INSURANCE CO, LTD., REGD. OFFICE No.201-208 CRYSTAL PLAZA, OPP:INFINITY MAIL LINK ROAD, ANDHERI(WEST) MUMBAI- 400 058.
BRANCH OFFICE AT SHIVAMOGGA – 577 201. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.06.2018 PASSED IN MVC No.463/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders, in the nature and circumstances of the case, it is taken up for final disposal.
Appeal is directed against the Judgment and award dated 28.06.2018 passed in MVC No.463/2016 by the Senior Civil Judge and MACT, Hosadurga, wherein claim petition came to be allowed in part and compensation of Rs.10,000/- with interest at the rate of 6% p.a. from the date of petition till the deposit came to be granted to the petitioner.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Appeal relates to the incident dated 02.09.2015 wherein petitioner went to Devapura Village, Hosadurga Taluk to attend Naming Ceremony of baby of their relative in a Bolero Pick-up MH-2WD BS3 along with others. Near Hurulihally Gate in Hosadurga Taluk on Hosadurga –Tarikere road, driver of the said vehicle namely Nagarajappa drove it in a rash and negligent manner with heavy speed and dashed to one motor cycle bearing No.KA-16-EC-5548, which was coming from opposite side and he took sudden turn to left side and then to right side in same speed, which resulted in vehicle turning turtle on the road. As a result petitioner sustained injuries and sought compensation. She claims her monthly income at Rs.10,000/-.
4. Learned Member has granted Rs.10,000/- by way of global compensation.
5. Learned counsel for appellant would submit that appellant has sought for enhancement of compensation as the same is under assessed.
6. On perusal of the order it is seen that the injuries sustained by petitioner are:
(1) Lacerated wound over right frontal region (2) Tenderness over the chest and abdomen They are stated to be simple in nature.
In the context and circumstances of the matter, I find the compensation of Rs.10,000/- together with interest at the rate of 6% p.a. granted by the Tribunal is fair and just. There is no question of proceeding further in the appeal.
Appeal is rejected.
Sd/- JUDGE SBN