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 M.F.A. No.7876/2016[MV] BETWEEN :
1. JAYAMMA W/O LATE SUBBANNA, AGED ABOUT 60 YEARS, 2. GANESHA S/O LATE SUBBANNA, AGED ABOUT 43 YEARS, 3. BHASKARA S/O LATE SUBBANNA, AGED ABOUT 41 YEARS.
ALL ARE R/AT D NO. 37, 16TH WARD, GAGANACHUMBI ROAD, KUVEMPUNAGARA, JANATHA COLONY, GUNDLUPETE TOWN, CHAMARAJANAGARA DIST – 571442.
(BY SRI. SREENIVASAN M.Y., ADV.) AND :
1. N.C.NITHIN, S/O CHANDRASHEKARA RAO, MAJOR, R/AT NO. 357, 2ND DIVISION, GUNDLUPETE, CHAMARAJANAGARA DIST – 571442.
2. THE BRANCH MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO. LTD., ... APPELLANTS NO. 846, NEW KANTHARAJ ROAD, ABOVE KRISHNA BAKRY, NEW AKSHAYA BHANDAR, KUVEMPUNAGAR, MYSORE – 570005.
(BY SRI. D. VIJAYKUMAR, ADV. FOR R2.
V/O DATED 31/07/2017 R1 NOTICE D/W) …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2016 PASSED IN MVC NO. 269/2011 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER, CHAMRAJANAGARA, SITTING AT KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellants have filed this appeal seeking enhancement of compensation against the Judgment and Award dated 14.07.2016 passed by the Additional District and Sessions Judge and Member of MACT, Chamarajanagara, at Kollegala in MVC No.269/2011.
2. The LR’s of the deceased filed the petition claiming compensation for the death of the deceased on account of the accident occurred on 12.05.2011. The Tribunal has awarded a total compensation of Rs.21,92,000/-. The appellants have filed this appeal for enhancement of compensation.
3. The learned counsel for the appellants submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both the sides and 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.1,00,000/- in addition to the award made by the Tribunal.
6. Accordingly, the appeal is allowed in part.
The appellants are entitled for a global compensation of Rs.1,00,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE Nm