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 MISCELLANEOUS FIRST APPEAL NO.3700 OF 2016 (MV) BETWEEN:
MAHANTESH @ MAHANESH VEERAKTHIMATA S/O ISHWARAYYA @ ISHWARAYYA VEERAKTHIMATA, AGED ABOUT 27 YEARS, R/AT C/O CHETAN, TECHNO CONCRET PRODUCTS, BASAVANAPUTRA VILLAGE, BANNERGHATTA, BANGALORE- 560 083.
PERMANENT ADDRESS:
NO.94, HIREKODAGALI, HUNGUNDA TALUK, BAGALKOT DISTRICT – 587 154. ... APPELLANT (BY SRI.GIRISH, ADV.) AND:
1. SRI.ERANNA B.T MAJOR, S/O BASAVARAJ, NO.3, KRISHNAPPA NILAYA, 60 FEET ROAD, KAMADENU LAYOUT, MAHADEVAPURA, BENGALURU – 560 048.
2. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD.
NO.41, 2ND FLOOR, CRISTU COMPLEX, LAVELLE ROAD, BENGALURU – 560 001. ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2;
NOTICE TO R-1 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2015 PASSED IN MVC NO.1452/14 ON THE FILE OF THE 1ST ADDITIONAL SMALL CAUSES JUDGE & 27TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T There is a delay of 70 days in filing the appeal. IA.I of 2016 is filed seeking condonation of delay. Accepting the cause shown in the affidavit accompanying the application, IA.I of 2016 allowed. Delay of 70 days caused in filing the appeal is condoned. Notice to respondent No.1 dispensed with. Submission accepted.
2. For the injuries suffered in the road traffic accident, the claimant made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 31st October, 2015 passed in MVC No.1452 of 2014 awarded compensation of Rs.15,000/- with interest at 6% per annum. This appeal is preferred, seeking enhancement in the compensation.
3. 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 further sum of Rs.40,000/- globally awarded in addition to what has been awarded by the Tribunal would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn