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 M.F.A. NO.7772 OF 2017 (MV) BETWEEN:
SMT.MANJAMMA W/O TIPPIRAPPA AGED ABOUT 28 YEARS, R/AT NAGENAHALLI, GOLLARAHATTI BADAVANAHALLI POST, DODDERI HOBLI, MADUGIRI TALUK TUMKURU DISTRICT PRESENTLY R/AT NO.16, SRIRAMPURA, 1ST CROSS TUMKURU – 572 112 ... APPELLANT (BY SRI.VASANTHAPPA, ADV.) AND:
1. PADMARAJU K.V. S/O VEERANNA BADAVANAHALLI POST DODDERI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT & TALUK – 572 112 2. IFFCO TOKIO GENERAL INSURANCE CO.LTD., NO.2262, 7TH ‘B’ MAIN, 3RD STAGE NEAR YELAHANKA NEW TOWN BUS STAND BENGALURU – 560 106 ... RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADV. FOR R2;
R-1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.07.2015 PASSED IN MVC NO.1128/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, & MACT, TUMAKURU, 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 In the accident that took place on 15th March, 2014 the injured sustained injuries and hence he made claim petition before the Motor Accident Claims Tribunal, Tumakuru seeking compensation. The Tribunal, by its judgment and award dated 29th July, 2015 passed in MVC No.1128 of 2014 awarded compensation of Rs.30,000/-. Being aggrieved by the compensation amount, the appellant has preferred this appeal, seeking enhancement.
2. 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 a sum of Rs.30,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn