IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE L. NARAYANA SWAMY M.F.A. NO.7624/2015 (MV) BETWEEN:
Miss. Poornima D/o Raghu Shetty, Aged about 20 years Moodabettu village, Post Katapady, Udupi Taluk and District-576 122.
(By Sri S.K. Acharya, Advocate) AND:
... Appellant 1. Future General India Assurance Co. Ltd., “Prasadena”, No.125/A, 3rd Floor, E-Zone Building, Ashok Pillar Road, Jayanagar 1st Block, Bengaluru-560 011. Represented by its Manager.
2. Fakruddin Shakir S/o Ahmed Rafik Aged about 33 years Karikan, D.No.22-1-63, Garodi Garden, Jeppu, Mangalore, D.K.-575 002.
… Respondents (By Sri B. Pradeep, Advocate for R1; R2-Served) This MFA is filed under Section 173(1) of the MV Act against the judgment and award dated 05.05.2015 passed in MVC No.67/2013 on the file of the Principal Senior Civil Judge, Additional MACT, Udupi, partly allowing the claim petition for compensation and seeking enhancement of Compensation.
This MFA coming on for Orders this day, the Court delivered the following:
J U D G M E N T This appeal by the appellant-claimant challenging the judgment and award dated 5.05.2015 passed by the Principal Senior Civil Judge and Additional MACT, Udupi, in MVC No.67/2013 seeking enhancement of compensation. By considering the matter on hand, the Tribunal has awarded a compensation of Rs.5,36,800/- with interest @ 8% p.a. from the date of petition till the date of deposit.
2. Learned counsel for the appellant submits that the compensation awarded by the Tribunal under all the conventional heads is on lower side, hence seeks for enhancement of the compensation and to allow the appeal.
3. Per contra, learned counsel for the respondent No.1 submits that considering the nature of injuries sustained by the appellant the Tribunal has awarded just compensation and there is no scope for enhancement. Hence, he prays for dismissal of the appeal.
4. Leaned counsel for the parties after arguing the matter for some time, submit that a compensation of Rs.50,000/- may be awarded with interest.
5. Their submission is placed on record.
6. In view of the submission made, I am inclined to award a compensation of Rs.50,000/- with interest in addition to the compensation awarded by the Tribunal. Accordingly, the appeal is disposed of.
ap* Sd/- JUDGE