IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5012 OF 2010 (MV) BETWEEN:
H.HARISH S/O HUCHANNA AGED ABOUT 24 YEARS R/O HAGALAVADI, GUBBI TALUK TUMKUR DISTRICT NOW R/O ALEMANE, SREE HARI GAS AGENCY NEAR KANNENAHALLY GATE, BELLAVI ROAD, TUMKUR TALUK & DISTRICT.
(BY SRI.PATEL D KAREGOWDA, ADV.) AND:
1. S.D.MOHAN KUMAR S/O ANNAPOORNESHWARI AGED ABOUT 42 YEARS HUBS SHOP NO.1, S.R.S. COMPLEX BASAVESHWARA ROAD, NEAR OLD BUS STAND TUMKUR ... APPELLANT 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., BACIC, KNV COMPLEX 4TH CROSS, VIDHYANAGARA B.H.ROAD, TUMKUR BY ITS MANAGER ...RESPONDENTS (BY SRI.K.M.THIRTHAPPA, ADV. FOR R1;
SRI.O.MAHESH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.02.2010 PASSED IN MVC NO.335/08 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE(SR.DN) AND CJM, TUMKUR, 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 injuries suffered in the road traffic accident that took place on 10th November 2007, the claimant made claim petition before the Motor Accident Claims Tribunal, Tumkur. The Tribunal, by its judgment and award dated 18th February 2010 awarded a compensation of Rs.69,972/- with interest at 6% per annum. Aggrieved by the compensation awarded, the claimant is before this Court in this appeal seeking enhancement of the compensation.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding a sum of Rs.75,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice.
Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn