IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.2427/2017 (MV) Between :
Jayanna S/o Devaprasadh, Aged about 41 years, R/at KEB colony, Mandya City- 571 401.
(By Sri L. Raja, Advocate) And:
1. Narayana S/o Lingegowda, Age: Major, R/at No.656, Kalikamba Street, Mandya- 571 401.
2. The Branch Manager United India Insurance Co. Ltd., M.C. Road, Mandya- 571 401.
3. M. Ravi S/o Mariya Samuel Age : Major, R/at No.12, Ramanan Road, Somcarpet, Chennai.
... Appellant 4. The Branch Manager, New India Assurance Co. Ltd., 2nd Cross, Ashoknagar, Mandya – 571 401.
... Respondents (By Sri M. Narayanappa, Advocate for R4, Sri C. Shekar Reddy, Advocate for R3, R2 served but unrepresented, Notice to R1 Dispensed with vide order dated 05.12.2017) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 14.11.2016 passed in MVC No.407/2011 on the file of II Addl. Senior Civil Judge & Member, MACT, Mandya, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming up for Orders this day, the court delivered the following:
JUDGMENT In view of oral submission of the learned counsel for the Appellant, notice to Respondent No.1 is dispensed with at the risk of the appellant.
2. Appeal is by the appellant/claimant as against the judgment and award dated 14.11.2016 passed in MVC No.407/2011 on the file of II Additional Senior Civil Judge & Member, MACT, Mandya, partly allowing the claim petition for compensation. The appellant has sought for enhancement. Accident is of the year 2011.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.
4. The learned counsel for the respondent- Insurer sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both sides and perused the materials on record. Having suffered the motor vehicle accidental injuries on 25.07.2011, the claimant made a claim petition before the Tribunal. The Tribunal has awarded compensation of Rs.2,11,120/-. Aggrieved by the said judgment and award, the present appeal is filed seeking for enhancement. I have gone through the materials available on record. The compensation awarded by the Tribunal under all the heads seems to be little meager. Looking to the nature of the injuries sustained by the appellant, I am inclined to award a global compensation of Rs.75,000/-.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for global compensation of Rs.75,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount shall carry interest at 6% p.a from the date of petition till the date of realization.
Sd/- JUDGE DL