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.4470/2015 (MV) BETWEEN:
L M MADHUKUMAR S/O MANCHEGOWDA AGED ABOUT 25 YEARS R/AT LAKSHMEGOWDANA DODDI VILLAGE C A KERE HOBLI MADDUR TQ, MANDYA DIST. - 571 428 ... APPELLANT (BY SRI.G M ANANDA, ADV.) AND:
1. THE BRANCH MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., C/O KSCARD BANK K R ROAD, OPPOSITE TO DDPI OFFICE VIDYANAGARA MANDYA - 571 401 2. L M RAMESH S/O MANCHEGOWDA MAJOR R/AT LAKSHMEGOWDANA DODDI VILLAGE C A KERE HOBLI MADDUR TQ MANDYA DIST. - 571 428 ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R1; R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.06.2014 PASSED IN MVC NO.737/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The claimant made a claim petition before the Motor Accident Claims Tribunal, Maddur seeking compensation for the injuries suffered in the road traffic accident that took place on 11th December 2012. The Tribunal, by its judgment and award dated 23rd June 2014 passed in MVC No.737 of 2013 awarded the corporation of Rs.2,53,000/-. Being not satisfied with the compensation awarded, the claimant is before this court in this appeal seeking enhancement in the compensation.
2. After arguing the matter for considerable length of time, both the learned counsel submit that the appeal may be disposed of by awarding globally a sum Rs.1,05,000/- in addition to what has been awarded by the Tribunal. Placing the submission made by both the learned counsel on record, the appeal stands disposed of by awarding another Rs.1,05,000/- globally. The enhanced amount carries interest at the rate as is awarded by the Tribunal and the apportionment shall be as per the award of the Tribunal.
lnn Sd/- JUDGE