IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4711 OF 2014 (MV) BETWEEN:
INCHARA D/O SHIVALINGEGOWDA, AGED ABOUT 5 YEARS, SINCE MINOR REP. BY HER NATURAL GUARDIAN FATHER I.E, SHIVALINGEGOWDA, S/O LATE CHANNEGOWDA, AGED ABOUT 39 YEARS, R/O HOTTEKULLANDODDI VILLAGE, HALAGURU HOBLI, MALAVALI TALUK, MANDYA – DISTRICT – 571 401. ...APPELLANT (BY SRI.HANUMANTHAPPA. A., ADV.) AND:
1. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., SRI.SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE - 560 043.
2. SUMANTH URS M.B.
S/O BASAVARAJ URS, MAJOR, R/O AT NO.7, BSNL QUARTERS, 1ST A CROSS, 12TH MAIN, KORAMANGALA, 4TH BLOCK, BANGALORE - 560 034. ...RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:5.7.2013 PASSED IN MVC NO.4529/2012 ON THE FILE OF THE 20TH ADDL. SMALL CAUSES JUDGE, 18TH ACMM, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered by the daughter who is a minor, the father made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment awarded a compensation of Rs.78,750/-. 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.70,000/- 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