IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. NO.4988 OF 2015 (MVC) BETWEEN SMT.MANJI BAI AGED ABOUT 42 YEARS W/O LATE RAJU NAIK PRESENTLY R/AT NO.09, FIRST FLOOR OPP. SOWPARNIKA OYSALA BUILDERS & DEVELOPERS BASAPURA VILLAGE, HOSA ROAD, BANGALORE – 560 100 … APPELLANT (BY SRI NATARAJ. B.S., ADV.) AND:
1. M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., PLOT NO.-EL 94, T.T.C. INDUSTRIAL AREA, MIDC, MAHAPE, NAVI MUMBAI – 400 710 REPRESENTED BY OFFICER IN CHARGE AND ALSO NO.217, III FLOOR, K V V SAMRAT, 3RD MAIN ROAD, OUTER RING ROAD KASTURINAGAR, BANGALORE – 560 043 2. SRI KRISHNAPPA.C. AGED ABOUT 58 YEARS S/O CHAUNAPPA NO.741, 11TH CROSS, C K NAGAR NEW MIW ROAD, ELECTRONIC CITY BANGALORE – 560 100 … RESPONDENTS (BY SRI RAVI S.SAMPRATHI, ADV. FOR R1; SRI PRADEEP KUMAR, ADV. FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2014 PASSED IN MVC NO.5021/2013 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 17.10.2014 passed by the Member Prl.
M.A.C.T. in MVC No.5021/2013.
2. It is the case of the appellant that her brother deceased Raja naika S has sustained grievous injuries in a road traffic accident occurred and succumbed to the injuries on 15.07.2013 in the Mathew Hospital. The Tribunal has awarded a total compensation of Rs.10,87,610/- with 6% interest p.a. Aggrieved by the same this appeal is filed.
3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. After arguing the matter for some time both the learned counsel for the parties submits that they are ready to settle the matter with global compensation. Their submission is placed on record.
6. I have heard learned counsel for both the sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.50,000/- with interest at 6% p.a. in addition to the award made by the Tribunal.
7. Accordingly, the appeal stands disposed of.
The appellant is entitled for a global compensation of Rs.50,000/- with interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE HR