IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4239 OF 2013 (MV) BETWEEN:
MANJUNATHA S/O VASUDEVA RAO, AGED 36 YEARS, BUS DRIVER, ANJALI MOTORS, R/AT SRI.LAXMI NILAYA, 6TH MAIN, 5TH CROSS, HOSAMANE SHIMOGA – 577 202 ... APPELLANT (BY SRI.G.LAKSHMEESH RAO, ADV.) AND:
1. L.C.JAGADEESH S/O M.CHANDRANNA OWNER CUM DRIVER OF MARUTHI OMNI BG. REGN. NO.KA-14-C-4433, AGED 32 YEARS, R/O VEERABHADRESHWARA NILAYA, MALAVAGOPPA, SHIMOGA – 577 201 2. IFFCO-TOKIO INSURANCE CO. LTD. SHANKAR MUTT ROAD, SHIMOGA – 577 201 ... RESPONDENTS (BY SRI.B.RAJASUBRAMANYA BHAT, ADV. FOR R1; SRI.E.I.SANMATHI, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.07.2012 PASSED IN MVC NO.180/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-7, SHIMOGA, 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:
J U D G M E N T In the road traffic accident that took place on 23rd November 2010 the appellant suffered injuries and had made a claim petition before the Additional Motor Accident Claims Tribunal-VII at Shimoga. The Tribunal by its judgment and award dated 25th July 2012 passed in MVC No.180 of 2011 awarded compensation of Rs.6,60,000/- with 6% interest per annum from the date of petition till the date of deposit.
2. In this appeal the learned counsel for the appellant has produced additional medical bill in an extent of Rs.1,10,000/- and the same has been served on the other side for examination. The learned counsel for the respondent-Insurance, on verification, submits that it is found true. In the light of submission made by both the learned counsel, this court is of the opinion that in addition what has been awarded by the Tribunal under the head medical expenses, the medical expenses in an extent of Rs.1,10,000/- through the bill produced today is to be added. Accordingly it added and globally the compensation is enhanced by Rs.1,25,000/- including the additional medical bill. Appeal is accordingly allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn