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.4143 OF 2014 (MV) BETWEEN:
MASTER MADESH SINCE MINOR REPRESENTED BY HIS FATHER & NATURAL GUARDIAN SRI.NAGARAJU @ NAGAIAH @ NAGU S/O SRI. BHADRA VEERAIAH AGE: MAJOR, OCC: CONSTRUCTION COOLIE, R/O ARLALU GRAMA, KASABA HOBLI, KANAKAPURA TALUK - 562 117 ... APPELLANT (BY SMT.SUNITHA B.H. ADV. FOR SRI.SURESH M LATUR, ADV.) AND:
1. SRI.SRINIVASA C.S.
NO.214, 1ST CROSS, DATTATREYA EXTENSION KEMPEGOWDA NAGAR, BANGALORE - 560 019.
2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED NO.41, CHRISTE COMPLEX, 2ND FLOOR, LAVELLE ROAD, NEXT TO MANDOVI MOTORS, BANGALORE - 560 001. ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:18.08.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.03.2014 PASSED IN MVC NO.6974/2012 ON THE FILE OF THE 11TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered by the minor son in the road traffic accident, the father and natural guardian made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 14th March, 2014 passed in MVC No.6974 dated 2012 awarded a compensation of Rs.1,61,280/- with 6% interest per annum. Aggrieved by the compensation awarded, the claimant is before this Court in this appeal, seeking enhancement of the compensation.
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.75,000/- 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 partly allowed.
Sd/-
ACTING CHIEF JUSTICE lnn