IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.1341/2013[MV] BETWEEN:
SMT KAMALA @ KAMALAMMA W/O MUDDUKRISHNA AGED ABOUT 51 YEAS, NO.45, 1ST, MAIN A STREET, A CROSS NEW GUDDADAHALLI, MYSORE ROAD BANGALORE-560 026 ... APPELLANT (BY SMT. PUSHPAKANTHA, ADV.) AND:
1.THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. NO.41, GUPTA COMPLEX, 2ND FLOOR NO.4, LAVELLE ROAD, BANGALORE-560 001 2.SRI B.R.SRINIVAS BANAGALLI, AMBADIHALLI POST CHANNAPTTANA TQ.
BANGALORE RURAL DIST. ... RESPONDENTS (BY SRI E I SANMATHI ADV. FOR R1 NOTICE OT R.2 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.12.2012 PASSED IN MVC NO.4779/2007 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, 27TH ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 31.012.2012 passed by the I Additional Small Causes Judge & XXVII ACMM, MACT, at Bangalore in MVC No.4779/2007.
2. It is case of the appellant that she has sustained grievous injuries in a Road Traffic accident occurred on 26.02.2007. The Tribunal has awarded a total compensation of Rs.15,000/-. Aggrieved by the same she is before this Court in this appeal.
3. The learned counsel for the appellant 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 respondent- insurance company sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. The appellant has suffered multiple injuries, injury No.1 and 2 are simple in nature and no evidence of fracture, injury No. 3 abrasions with swelling over right knee and injury No.4 transient loss of consciousness, giddiness.
6. I have heard the learned counsel for the parties.
7. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal seems to be little on lower side. Hence, I am inclined to award a global compensation of Rs.50,000/-. The Tribunal has not quantified the amount of compensation under different heads. Though medical bills were produced, they were not accepted on the ground prescriptions were not produced. Hence I am inclined to enhance the compensation as above.
8. Accordingly, the appeal is allowed in part.
The appellant is entitled for a global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/-
ACTING CHIEF JUSTICE HR