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 M.F.A. No.1454/2016 [MV] BETWEEN :
MANOJ S/O AMARNATH NOW AGED ABOUT 6 YEARS R/O BUDNAHATTI VILLAGE CHALLAKERE TALUK – 577 522 SINCE MINOR REP BY HIS NATURAL GUARDIAN FATHER AMARNATH.C S/O CHENNAPPA NOW AGED ABOUT 37 YEARS LIC AGENT, R/O BUDNAHATTI VILLAGE CHALLAKERE TALUK ...APPELLANT (BY SRI RANGEGOWDA.N.R., ADV.) AND :
1. SOMARAJ S/O HARINGARAMJI NOW AGED ABOUT 43 YEARS R/O BOJASAR VILLAGE PHALODI TALUK, JODHPUR DISTRICT RAJASTAN – 342 001 2. THE BRANCH MANAGER IFFCO-TOKIO GENERAL INSURANCE CO, LTD PLD BANK BUILDING NO.7/432 LAWYER’S ROAD, K.B.EXTENSION DAVANAGERE – 577 001 …RESPONDENTS (BY SRI H.N.KESHAVA PRASHANTH, ADVOCATE FOR R2; VIDE ORDER DATED 27.07.2017 NOTICE TO R1 IS DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2015 PASSED IN MVC NO.118/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT, AT CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, 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 04.03.2015 passed by the Senior Civil Judge & Addl. MACT at Challakere in MVC No.118/2013.
2. It is the case of the appellant that he had sustained severe injuries in a motor cycle accident occurred on 29.01.2013. The appellant filed claim petition before the Tribunal seeking compensation. The Tribunal has awarded a compensation of Rs.35,543/-.
Aggrieved by the same, the appellant has filed this appeal.
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. 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.1,00,000/- considering the nature of injuries sustained by the appellant and period of treatment he has undergone.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for a global compensation of Rs.1,00,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE Nm