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.3791 OF 2012 (MV) BETWEEN:
SMT.NAGARATHNA W/O SRI.S.N.THIPPE GOWDA AGED ABOUT 68 YEARS R/AT NO.1701, 17TH CROSS, M.C.LAYOUT VIJAYANAGAR, BANGALORE-560 060 (BY SRI.K.N.HARISH BABU, ADV.) AND:
... APPELLANT 1. SRI.ANKLUR PANSARI NO.802, MANTHRI ELEGANCE B.G.ROAD, BANGALORE - 76 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.41, 2ND FLOOR CRISTU COMPLEX, LAVELLE ROAD, BANGALORE -01 ... RESPONDENTS (BY SRI.B.PRADEEP, 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:9.9.2011 PASSED IN MVC NO.9270/2009 ON THE FILE OF THE XIX ADDL. SCJ & 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 in the road traffic accident that took place on 18th October, 2009, the injured made claim petition before the Motor Accident Claims Tribunal, Bangalore (SCCH-17). The Tribunal, by its judgment and awarded dated 09th September 2011 passed in MVC No.9270 of 2009 awarded global compensation of Rs.3,000/-. This appeal is preferred against the judgment of Tribunal seeking enhancement in the compensation.
2. Heard the learned counsel for the appellant and perused the impugned judgment and award. Considering the facts and circumstances of the case and the injuries suffered by the claimant, awarding a sum of Rs.15,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly it is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is partly allowed.
Sd/-
ACTING CHIEF JUSTICE lnn