IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.4512/2016 (MV) BETWEEN:
MR JOHN SIKWERA AGED ABOUT 74 YEARS, S/O LATE KAMIN SIKWERA, R/O VITTALVADI, 8TH WARD, H.NO.525, VODERAHOBLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-572101 ... APPELLANT (BY SRI.PRASANNA SHETTY, ADV.) AND:
1. MANJUNATH M. NAIK AGED ABOUT 37 YEARS, S/O MALLA NAIK, R/O 3RD CROSS, KADAVINAKATE, SAGARA ROAD, BHATKALA TALUK – 573 102 2. THE NEW INDIA ASSURANCE CO. LTD., NEAR KARNATAKA BANK, N.H.17, BHATKALA – 573 102 ... RESPONDENTS (BY SRI.M.NARAYANAPPA, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.02.2016 PASSED IN MVC NO.385/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL 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 Shri M. Narayanappa, the learned counsel is directed to take notice for the second respondent-Insurance Company.
2. Appeal is by the claimant and the prayer is for enhancement of compensation. In the claim petition filed by the claimant seeking compensation for the injuries sustained in the road traffic accident on 15th April 2014, the Motor Accident Claims Tribunal, Kundapra by its order dated 20th February 2016 passed in MVC No.385 of 2014 awarded the compensation of Rs.1,69,820/-. Being not satisfied by the compensation awarded by the Tribunal, the appellant is before this Court in this appeal.
3. Heard the learned counsel for the parties and gone through the judgment and order passed the Tribunal. There is a finding by the Tribunal that the appellant has contributed to the accident and has negligence has been assessed at 20%. There is no adequate evidence and material to that effect. In that view of the matter, in my considered opinion, the entire liability is to be fastened on the Insurance Company. Accordingly, the finding of the Tribunal insofar as it relates to fastening 20% contributory negligence on the claimant is to be modified and the entire liability has to be fastened on the Insurance. Accordingly it is ordered. Insurance Company is directed to satisfy the order within a period of eight weeks from today. Appeal accordingly stands disposed of.
Shri M. Narayanappa, the learned counsel is permitted tile his memo of appearance within a period of four weeks.
lnn Sd/- JUDGE