IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.7713 OF 2014 (MV) BETWEEN:
MASTER S.NITEESH KUMAR S/O V SUNDAR RAJAN AGED ABOUT 7 YEARS, SINCE MINOR, REPRESENTED BY NATURAL GUARDIAN/MOTHER, SMT.C.AMMU RANI W/O V.SUNDAR RAJAN, AGED ABOUT 38 YEARS, BOTH ARE RESIDING AT NO.606, A TYPE, BEML NAGAR, K.G.F.
KOLAR DISTRICT. ... APPELLANT (BY SRI.GOPAL KRISHNA.N., ADV.) AND:
1. SRI.M.JAYARAMA REDDY S/O MUNISWAMY REDDY T MAJOR IN AGE, RESIDING AT NO.13, 3RD CROSS, K P AGRAHAARA, AMBEDKAR LAYOUT, PIPELINE ROAD, VIJAYANAGAR, BANGALORE – 560 023 2. M/S.IFFCO - TOKIYO GENERAL INSURANCE CO. LTD., SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 001 REP. BY ITS MANAGER ... RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.09.2013 PASSED IN MVC NO.2333/2012 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE & MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In the accident that occurred on 04th February, 2012, the minor boy suffered injuries and the mother and natural guardian made the claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 05th September 2013 passed in MVC No.2333 of 2012 awarded compensation of Rs.2,30,000/-. This appeal is filed seeking enhancement in 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 further sum of Rs.95,000/- globally awarded in addition to what has been awarded by the Tribunal would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn