IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR M.F.A.NO.1022/2017 (MV) BETWEEN:
THE MANAGER NATIONAL INSURANCE COMPANY LTD., TP HBU BGS APOLLO HOSPITAL ROAD KUVEMPUNAGAR, MYSORE NOW REPRESENTED BY C.K. PARIMALA, ASSISTANT MANAGER REGIONAL OFFICE NO.144, SHUBHARAM COMPLEX M.G. ROAD, BENGALURU-560001. …. APPELLANT (BY SRI. L. SREEKANTA RAO, ADV.,) AND:
1. MARISWAMY S/O CHEENAVEERAGOWDA AGED ABOUT 43 YEARS R/AT. APPAJAIAHNA DODDI KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571430.
2. P.L. ANANTHASWAMY S/O LATE LINGAIAH, MAJOR R/AT. No.880, 11TH BLOCK, 2ND STAGE NAGARABHAVI, BANGALORE-560072.
3. ALOKA A FATHER’S NAME NOT KNOWN MAJOR, R/AT. NO.410/870 NAGARABHAVI, 2ND STAGE 11TH BLOCK, BANGALORE-560072. … RESPONDENTS (BY SRI. N.S. BHAT, ADV., FOR R1 R2 & R3 ARE D/W V/O DATED 25-10-2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22-9-2016 PASSED IN MVC No.323/2014 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANDYA, AWARDING COMPENSATION OF RS.3,57,706/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT 1. Heard the learned Counsel for the appellant and the learned Counsel for respondent no.1.
2. As the sum awarded as compensation prima facie appears to be on the higher side having regard to the injuries suffered, the respondent was directed to be present before the Court. The respondent is present. On interaction, it is seen that he complains of pain. Apart from that, movement of his hands do not appear to be restricted. In this background, with the consent of the learned Counsels, the appeal is taken up for disposal though it is listed for hearing on IA.
3. After arguing for sometime, the Counsels would submit that the award may be modified and the compensation be reduced to Rs.2,00,000/-. The submissions of the learned Counsels are placed on record.
4. In view of the above submission, the appeal requires to be allowed in part. Accordingly, the appeal is allowed in part. The award of the Tribunal is modified. The compensation is reduced to a sum of Rs.2,00,000/- with interest at the rate of 6% per annum from the date of petition till payment. The amount in deposit be transferred to the Claims Tribunal.
The office to draw-up decree accordingly.
Sd/- JUDGE KK CT-HR