IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. NO.7609 OF 2015 (MVC) BETWEEN JANARDHANA POOJARY AGED ABOUT 40 YEARS S/O NARASIMHA POOJARY R/O BILLARABETTU, HATTIANGADI KUNDAPURA TALUK UDUPI DISTRICT … APPELLANT (BY SRI PAWANA CHANDRA SHETTY.H., ADV.) AND:
1. JAFFER SADHIK SHEIK AGED ABOUT 40 YEARS S/O SHEIKH ABUBAKER NEAR HOSA POST OFFICE YADTHARE BYNDOOR KUNDAPURA TALUK UDUPI DISTRICT – 576 201 2. NATIONAL INSURANCE CO. LTD., 1ST FLOOR, GANESH MAHAL MUNICIPAL MAIN ROAD, KUNDAPURA, UDUPI DISTRICT – 576 201 REP: BY ITS MANAGER … RESPONDENTS (BY SRI JANARDHANA REDDY, ADV. FOR R2; R1 NOTICE DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2015 PASSED IN MVC NO.1073/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T There is a delay of 14 days in filing the appeal. In the interest of justice, I.A.No.1/2016 is allowed and delay of 14 days is condoned.
2. The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 01.06.2015 passed by the Senior Civil Judge & Additional MACT, at Kundapura in MVC No.1073/2013.
3. It is the case of the appellant that he has sustained grievous injuries in a Road Traffic accident occurred on 12.03.2013. The Tribunal has awarded a total compensation of Rs.1,65,500/-. Aggrieved by the same he is before this Court in this appeal.
4. The learned counsel for the appellant submits that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
5. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. Both the counsel for the parties submits that they are ready to settle the matter with global compensation. Their submission is placed on record.
7. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.60,000/- in addition to the award made by the Tribunal.
8. Accordingly, the appeal disposed of. The appellant is entitled for a global compensation of Rs.60,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE HR