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.2642 OF 2016 (MV) BETWEEN:
GURUSWAMAPPA S/O LATE MALLAPPA AGED ABOUT 48 YEARS R/O HIREBEGURU VILLAGE GUNDLUPET TALUK, CHAMARAJANAGARA DIST. -571 441 ... APPELLANT (BY SRI.SREENIVASAN M Y, ADV.) AND:
1. M.YARRASWAMY S/O MUNIYAPPA MAJOR, R/AT D.NO.82, AVATHI VILLAGE & POST, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 570058 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.846, NEW KANTHARAJ ROAD, ABOVE KRISHNA BAKERY, NEAR AKSHAYA BANDAR, KUVEMPUNAGAR MYSORE – 570 019 ... RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.12.2015 PASSED IN MVC NO.255/2013 ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, MACT, CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant has suffered injuries in the road traffic accident that took place on 28th May 2013. For which she made claim petition before the Motor Accident Claims Tribunal, Chamarajanagar. The Tribunal, vide order dated 16th December 2015 passed in MVC No.255 of 2013 awarded compensation of Rs.2,82,600/- with 6% interest. This appeal is filed seeking enhancement in the compensation.
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.
lnn Sd/- JUDGE