IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.8977 of 2012 (MV) BETWEEN:
KUM. ANJALI @ ANJALI NAIK D/O SRI.SHIVAJINAIK AGED ABOUT 10 YEARS SINCE MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI.SHIVAJINAIK @ SHIVAJI, RESIDING AT NO.2, 1ST CROSS, SRIRAMPURAM, BANGALORE ... APPELLANT (BY SRI. N.R.NAIK, ADV.) AND:
1. SRI.MUNIRAJU H NO.19, HEJJALA, BIDADI HOBLI, RAMANAGARAM TALUK & DISTRICT PIN - 562 109 2. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, , NO.41, CRISTU 2ND FLOOR, LAVELLE ROAD BANGALORE - 560 001. ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.4.2012 PASSED IN MVC NO.8411/2010 ON THE FILE OF THE 18TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, 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:
J U D G M E N T For the injuries suffered in the road traffic accident on 14th November 2010, the claimant made claim petition before the Motor Accident Claims Tribunal, Bengaluru. The Tribunal, by its judgment and award dated 29th January 2013 passed in MVC No.8966 of 2010 awarded compensation of Rs.1,16,000/- with interest at 6% per annum. This appeal is preferred, seeking enhancement in the compensation.
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.55,000/- 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