IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.3461 OF 2016 [MV] BETWEEN:
SMT. K.H. RAJESHWARI W/O HARISH K.N. AGED ABOUT 47 YEARS R/AT NO.1942, 1ST MAIN 6TH ‘A’ CROSS VIVEKANANDA LAYOUT T. DASARAHALLI BENGALURU – 57. … APPELLANT (BY SMT. M. R. SHALAMALA, ADVOCATE) AND:
1. SRI VISHWANATH M.V. S/O THIPPESWAMY AGED ABOUT 35 YEARS SRI THIPPESWAMY TRANSPORT STTS, V P EXTENSION, 1ST CROSS CHITRADURGA – 577 501.
2. DYAMAPPA.M S/O KARI BASAPPA AGED ABOUT 31 YEARS NANDANA HOSUR VILLAGE AND POST HOLALAKERE TALUK CHITRADRUGA DISTRICT – 577 501.
3. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER SRI SHARADA COMPLEX 1ST FLOOR OPP. KSRTC BUS STAND PB ROAD CHITRADURGA-577501. … RESPONDENTS (BY SHRI. ANANDA SHETTY, ADVOCATE FOR R-1; SHRI K.N.SRINIVASA, ADVOCATE FOR R-3;
R-2 SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2015 PASSED IN MVC NO. 7128/2015 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, 41ST ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is presented by injured claimant in MVC No.7128/2012 challenging the common judgment and award dated 04.06.2015 passed by MACT, Bengaluru, seeking enhancement of compensation.
2. Injured claimant sustained fracture to the right scaphoid bone of wrist. Tribunal, on consideration of material on record has awarded Rs.1,07,537/-.
3. Learned advocate for the appellant urged a solitary contention that while computing compensation towards disability, Tribunal has considered claimant’s income as Rs.5,000/- per month. The accident is of the year 2012. Therefore, income of the claimant ought to have been considered as Rs.7,000/- per month.
4. After arguing the matter for some time, learned advocate for the appellant and respondent No.3-Insurer, after due deliberation, have filed a joint memo with a prayer to direct the Insurer-respondent No.3 to pay an additional compensation of Rs.50,000/- with interest at the rate of 6% p.a. from the date of claim petition till the date of realization.
5. Joint memo reads as follows:
“Joint Memo The undersigned counsels for both parties have negotiated the matter amicably on behalf of the appellant and respondent No.3 respectively. It is hereby agreed for a (global) (sic) compensation of Rs.50,000/- along with 6% interest p.a payable by Respondent No.3 to appellant herein in the end of Justice.
Wherefore, it is prayed that this Hon’ble Court be pleased to dispose off the above appeal accordingly.”
6. Accordingly, this appeal is disposed of by consent of the parties directing Insurer-respondent No.3 to pay an additional compensation of Rs.50,000/- with interest at the rate of 6% p.a. from the date of claim petition till the date of realization within four weeks from the date of receipt of a copy of this order.
Appeal disposed of.
No costs.
Sd/- JUDGE AV