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.7997/2015 (MV) BETWEEN:
Muneendra @ M. Munindran S/o Munirajachari @ Muniraj Aged about 17 years Since minor Rept. By his Mother & Natural Guardian Venkatalakshmiyamma, W/o Munirajachari @ Muniraj Aged about 34 years Native of :- Kulusamanapalli, Krishnagiri-District, Tamil Nadu-State.
Presently R/at No.32, 3rd Cross, Muneshwara Badavane, TCH Colony, Kothanur Main Road, Bangalore-560 062.
(By Sri P. Suresh, Advocate) AND:
1. Shriram General Insurance Co. Ltd., No.5, 2nd Floor, Monarch Chamber, Infantry Road, Bangalore-560 001.
Represented by its Incharge Manager.
... Appellant 2. Ananda S/o Sangaiah Major in Age R/at No.7, 1st Floor, Ganigarapalya, Kanakapura Road, Thalaghattapura Post, Bangalore-560 062.
… Respondents (By Sri B.C. Shivanne Gowda, Advocate for R1) This MFA is filed under Section 173(1) of the MV Act against the judgment and award dated 25.06.2015 passed in MVC No.692/2014 on the file of the XIX Additional SCJ and MACT (SCCH-17), Bengaluru, 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 25.06.2015 passed by the XIX Additional Senior Civil Judge and MACT, Bengaluru, in MVC No.692/2014 seeking enhancement of compensation. By considering the matter on hand, the Tribunal has awarded a compensation of Rs.1,48,360/- with interest @ 6% p.a. from the date of the petition till its realization.
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 compensation awarded by the Tribunal 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 this appeal.
4. Leaned counsel for the parties after arguing the matter for some time, submit that globally Rs.1,00,000/- may be awarded without interest.
5. Their submission is placed on record.
In view of the submission made, I am inclined to award a global compensation of Rs.1,00,000/- without interest in addition to the compensation awarded by the Tribunal. Accordingly, the appeal is disposed of.
The compensation amount shall be released as per the award of the Tribunal ap* Sd/- JUDGE