IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.8375 OF 2015 (MV) BETWEEN:
MR.JITENDAR KUMAR S/O VANSRAJ, AGED ABOUT 19 YEARS, R/AT C/O PRASHANTH, NO.18 SLUM BOARD, BYATARAYANAPURA, MYSORE ROAD, BENGALURU – 560 026 (BY SMT.SREEVIDYA.G.K., ADV. FOR SRI.T.N.VISWANATHA, ADV.) AND:
1. M/S.BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., GOLDEN HEIGHTS, 4TH FLOOR, NO.1/2, 59TH ‘C’ CROSS, 4TH ‘M’ BLOCK, RAJAJINAGAR, BENGALURU – 560 010 2. M/S.WIZERTECH INFORMATICS PVT. LTD., NO.24, 9TH ‘A’ CROSS, PARK AREA, WILSON GARDEN BENGALURU – 560 027 ... APPELLANT (BY SMT.H R RENUKA, ADV. FOR R1; SRI.R.MOHAN KUMAR, ADV. FOR R2) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.07.2015 PASSED IN MVC NO.168/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident that took place on 27th October, 2014, the claimant made claim petition before the Motor Accident Claims Tribunal, Bengaluru. The Tribunal, by its judgment and award dated 24th July, 2015 passed in MVC No.168 of 2015 awarded compensation of Rs.2,89,000/- with interest at 9% per annum. Being not satisfied by the compensation awarded, the appellant is before this Court in this appeal seeking enhancement.
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.65,000/- 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