IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.2641/2016(MV) BETWEEN:
KUMARI ROOPA D/O GURUSWAMAPPA AGED ABOUT 24 YEARS R/O HIREBEGURU VILLAGE GUNDLUPET TALUK, CHAMARAJANAGARA DIST. – 571 441 ... APPELLANT (BY SRI.SREENIVASAN M Y, ADV.) AND:
1. M. YARRASWAMY S/O MUNIYAPPA MAJOR, R/AT D.NO.82, AVATHI VILLAGE & POST, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 570 058 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.846, NEW KANTHARAJ ROAD, ABOVE KRISHNA BAKERY, NEAR AKSHAYA BANDAR, KUVEMPUNAGAR MYSORE – 570 019 ... RESPONDENTS (BY SRI.S V HEGDE MULKHAND, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.12.2015 PASSED IN MVC NO.252/13 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE & MACT, CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The claimant has suffered injuries in the road traffic accident that took place on 28th May 2013. For which she made claim petition before the Motor Accident Claims Tribunal, Chamarajanagar. The Tribunal, vide order dated 16th December 2015 passed in MVC No.252 of 2013 awarded compensation of Rs.96,600/- with 6% interest. This appeal is filed seeking enhancement in the compensation.
2. Heard the learned counsel for the petitioner and gone through the judgment and award passed by the Tribunal. The Tribunal has awarded Rs,.35,000/- under the head pain and suffering. In the facts and circumstances of the case and also considering the nature of injuries, I am inclined to award another Rs.15,000/- under the said head. The Tribunal has not awarded any compensation under the head loss of amenities. Considering the discomforts that the appellant has to undergo in her life and also considering age of the claimant, I am inclined to award an amount of Rs.35,000/- under the head of loss of amenities and discomforts. In total, the enhanced compensation would be Rs.50,000/-. The enhanced compensation carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
lnn Sd/- JUDGE