IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.1909 OF 2018(MV-I) BETWEEN GHOUSE KHAN S/O VAHAB KHAN AGED ABOUT 74 YEARS HASSAN ROAD LEFT SIDE NEAR RAILWAY BRIDGE 1ST CROSS, ARASIKRE PIN – 573 103.
…APPELLANT (BY SMT. EDA. NIREEKSHANA, ADVOCATE FOR SMT. B.SUDHA, ADVOCATE) AND THE DIVISION CONTROLLER KSRTC, TUMAKURU DIVISION TUMAKURU – 572 101.
(BY SMT.H.R.RENUKA, ADVOCATE) …RESPONDENT THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08.11.2017 PASSED IN MVC NO. 563/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT, ARASIKRE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal filed by the claimant is directed against the impugned judgment and award dated 08.11.2017 passed in MVC No.563/2016 on the file of the Senior Civil Judge and Addl. M.A.C.T, Arasikere.
2. A perusal of the impugned judgment and award would indicate that the appellant-claimant aged about 74 years as on the date of the accident sustained injuries in a road traffic accident that occurred on 24.11.2015. The appellant suffered abrasion over lateral aspect of the right eye, abrasion over back of nose as well as fracture to the left side of nasal bone resulting in permanent disability to an extent of 5% to the entire body. By the impugned judgment and award, the Tribunal awarded a total compensation of Rs.1,46,872/- together with interest at 6% p.a., from the date of petition till realization in favour of the appellant.
3. Aggrieved by the quantum of compensation awarded in favour of the appellant, the claimant has preferred this appeal seeking enhancement of compensation.
4. I have heard the learned counsel for the appellant as well as the learned counsel for the respondent-KSRTC. Perused the impugned judgment and award passed by the Tribunal and the material on record.
5. Having regard to the nature of injuries sustained by the appellant in the accident, I deem it proper to award a sum of Rs.25,000/- by way of global compensation in favour of appellant by way of additional enhanced compensation. Accordingly, appellant is entitled to an additional compensation of Rs.25,000/- which shall be deposited before the Tribunal by the respondent within a period four weeks from this day.
6. Hence, I pass the following order:-
(i) The appeal is allowed in part.
(ii) The impugned judgment and award passed by the Tribunal dated 08.11.2017 in MVC No.563/2016 on the file of the Senior Civil Judge and Addl. M.A.C.T, Arasikere is modified by awarding an additional sum of Rs.25,000/- inclusive of interest as global compensation which is to be deposited by the respondent before the Tribunal within a period of four weeks.
The additional enhanced compensation shall be released in favour of the appellant.
Registry to send back the LCRs forthwith.
bnv Sd/- JUDGE