IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. NO.6458 OF 2015 (MVC) BETWEEN MRS.GEETHA H.RAO W/O MR.K.HARI RAO AGED ABOUT 48 YEARS R/AT “SRI NIDHI” H.NO.1-4-135x L.I.G.70 DODDANNA GUDDE, POST KUNJIBETTU UDUPI TALUK AND DISTRICT – PIN 576 105 … APPELLANT (BY SRI HEGDE V.S., ADV.) AND:
1. SANDEEPKUMAR.K S/o MR.K.HARI RAO AGED ABOUT 22 YEARS R/AT “SRI NIDHI” H.NO.1-4-135x L.I.G.70 DODDANNA GUDDE, POST KUNJIBETTU UDUPI TALUK AND DISTRICT – 576 105 2. MR.SAMPAT KUMAR S/O MR.K.HARI RAO AGED ABOUT 28 YEARS R/AT “SRI NIDHI” H.NO.1-4-135x L.I.G.70 DODDANNA GUDDE, POST KUNJIBETTU UDUPI TALUK AND DISTRICT – 576 105 3. THE ORIENTAL INSURANCE COMPANY LTD. BY ITS UDUPI DIVISIONAL MANAGER DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING COURT ROAD, UDUPI – 576 101 … RESPONDENTS (BY SRI S.V.HEGDE MULKHAND, ADV. FOR R3; R1 AND R2-SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2015 PASSED IN MVC NO.372/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T There is a delay of 27 days in filing the appeal. In the interest of justice, I.A.No.1/2015 is allowed and delay of 27 days is condoned.
2. The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 13.04.2015 passed by the Prl. Senior Civil Judge & Additional MACT, at Udupi in MVC No.372/2014.
3. It is the case of the appellant that she has sustained grievous injuries in a road traffic accident occurred on 12.03.2013. The Tribunal has awarded a total compensation of Rs.1,09,000/-. Aggrieved by the same she is before this Court in this appeal.
4. The learned counsel for the appellant submits that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
5. The learned counsel for the respondent No.3 sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. Both the counsel for the parties submits that they are ready to settle the matter with global compensation. Their submission is placed on record.
7. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.25,000/- in addition to the award made by the Tribunal.
8. Accordingly, the appeal is disposed of. The appellant is entitled for a global compensation of Rs.25,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE HR