1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.9334 OF 2012 (MV) BETWEEN:
MR. M.G. VENKATESH S/O LATE GIRIYAPPA AGED ABOUT 48 YEARS R/AT MADAPPANAHALI HULIYURDURGA HOBLI KUNIGAL TALUK-572 130 … APPELLANT (BY SHRI. B. KESHAVA MURTHY, ADVOCATE) AND:
1. M/S NATIONAL INSURANCE CO. LTD., DO IV, SHIVANANDA CIRCLE SESHADRIPURAM BANGALORE-560 020 REP. BY ITS MANAGER 2. MR CHIKKEGOWDA S/O HANUMAIAH C.R.HANUMARAJ NO.133/260/261 KEMPEGOWDA NAGAR HEROHALLI POST BANGALORE-560 091 … RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R1; SHRI. K.N. SATHISH KUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.04.2012 PASSED IN MVC NO.4348/2010 ON THE FILE OF THE 20TH ADDITIONAL JUDGE, 18TH ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
2 JUDGMENT After hearing the learned advocates for the claimant and the Insurer, in the opinion of this Court, claimant is entitled for a compensation of Rs.20,000/- with 6% interest per annum from the date of claim petition till the date of deposit in addition to the compensation awarded by the learned Tribunal.
2. Both learned advocates for the claimant and Insurer have accepted the said compensation.
3. In the circumstances, this appeal is allowed in part. Hence, the following:
ORDER (i) An additional compensation of Rs.20,000/- with 6% interest per annum is awarded as additional compensation in addition to the compensation awarded by the learned Tribunal;
3 (ii) Insurer shall deposit the said amount within four weeks from the date of receipt of a copy of this order and;
(iii) Upon such deposit, the said amount shall be disbursed to the claimant.
Sd/- JUDGE AV