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.1970/2015 [MV] BETWEEN :
MARIGOWDA S/O LATE KOMARIGOWDA 34 YEARS, R/O KALYA GATE MAGADI TOWN RAMANAGARA DISTRICT NOW R/AT SANTHE BEEDI KYATHASANDRA, TUMKUR-572101 ...APPELLANT (BY SRI PATEL D. KAREGOWDA, ADV.) AND :
1. SHIVANNA S/O NINGAIAH, MAJOR KALLARADAGERE GOLLARAHATTI NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT-572216 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.2, I FLOOR, S N R COMPLEX AYYAPPA TEMPLE ROAD JALAHALLI CROSS PEENYA, BENGALURU BY ITS MANAGER …RESPONDENTS (BY SRI B.PRADEEP, ADV. FOR R-2; R-1 SERVED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 22.11.2014 PASSED IN MVC NO.29/2012 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, 4TH MACT, TUMKUR, 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:
JUDGMENT The learned counsel for the appellant submits that the appellant has sustained injuries to lower limb and spinal chord. Since the doctor has not been examined, the Tribunal has awarded compensation of Rs.2,30,000/- to the appellant. It is submission of the learned counsel for the appellant that the appellant is bed ridden and he is not able to move about on his own. He had to be produced with the help of stretcher. In the light of the above submission, I am inclined to remand this matter to the Tribunal in order to examine the doctor, who has treated the injured. Both the parties are directed to appear before the Tribunal on 29.11.2017 without waiting for notice. The appeal is disposed of.
The Registry is directed to send back the records to the concerned Tribunal forthwith.
Sd/- JUDGE Nm