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.3581 OF 2015 (MV) BETWEEN:
SMT.MANGALA W/O PRASANNA H AGED ABOUT 37 YEARS R/AT NO.626, 3RD CROSS KEMPEGOWDA STREET, SWARASANDRA MANDYA CITY – 571 401 ...APPELLANT (BY MRS. BHUSHANI KUMAR, ADV.) AND:
1. SADASHIV J S/O JAVAREGOWDA R/AT NO.465, KODIYALA SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 438 2. THE MANAGER (LEGAL) IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.41, 2ND FLOOR CRISTU COMPLEX, LAVELLE ROAD, BANGALORE – 560 001 ...RESPONDENTS (BY SRI.D S SRIDHAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.07.2014 PASSED IN MVC NO.396/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, MANDYA, 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 For the injuries suffered in the road traffic accident that took place on 19th April 2011 the injured preferred claim petition before the Additional Motor Accident Claims Tribunal, Mandya. The Tribunal, by its award dated 17th July 2014 passed in MVC No.396 of 2011 awarded 53,500/-. Being not satisfied with the compensation awarded, the claimant is before this court seeking enhancement in the compensation.
2. After arguing the matter for quite some time, both the learned counsel appearing for the parties submit that the appeal may be disposed of by awarding globally another sum of Rs.68,000/-. Accordingly, the compensation is enhanced by another Rs.68,000/- put together under all heads. It is made clear that the enhanced amount does not carry any interest. Appeal is allowed in part.
lnn Sd/- JUDGE