IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.5280 OF 2018 (MV) BETWEEN Hanumegowda S/o. Maddanasiddegowdana Tibbegowda Aged about 77 years No.128-2, Ankanahalli Malavallil taluk, Mandya Dist-571 430.
(By Sri. Mahadeva Swamy P, Advocate) AND 1. The Manager Iffco Tokio Gen. Ins. Co. Ltd., Customer Service Centre Shrishanti tower, 5th floor, No:141 3rd main, East of NGEF Layout Kasturinagara, Bengaluru – 560 043.
2. Sri Bangara Babu S/o. Srinivasaiah Lakkere village Maluru taluk, Kolar – 08.
3. Channachari S/o. late Kalachari Nelamakanahalli Malavalli taluk, Mandya dist-17. (By Sri B.Pradeep, Advocate for R1) …APPELLANT …RESPONDENTS This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the judgment and award dated:03.10.2017 passed in MVC No.5453/2016, on the file of the XXI Additional Small Cause Judge & 19th ACMM, Member, MACT, Bengaluru (SCCH-13) C/C 2nd Additional Judge, & 28th ACMM, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for Orders this day, the court delivered the following:
JUDGMENT This appeal has been preferred by the appellant- claimant against the judgment and award dated 03.10.2017 passed by the Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru in MVC No.5453/2016 awarding compensation in a sum of Rs.66,144/- in his favour in respect of injuries sustained by him in road accident that occurred on 19.04.2016.
2. Though the matter is listed for orders, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. I have heard the learned counsel for the appellant-claimant as well as the learned counsel for the respondents. I have also perused the impugned judgment and award passed by the Tribunal and the material on record.
4. Having regard to the grievous and serious nature of the injuries sustained by the appellant-claimant in the accident, I deem it fit and proper to award an additional sum of Rs.40,000/- inclusive of interest by way of global compensation in favour of the appellant- claimant in addition to the compensation awarded by the Tribunal.
5. In view of the aforesaid discussion, I pass the following:-
ORDER (i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 03.10.2017 passed by the Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru in MVC.No.5453/2016 is hereby modified.
(iii) The appellant-claimant is entitled to additional sum of Rs.40,000/- inclusive of interest by way of global compensation.
(iv) The respondent No.1 –Insurance Company shall deposit the said additional sum of Rs.40,000/- within a period of four weeks from the date of receipt of a copy of this order.
Sd/- JUDGE SSD