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.2208/2015 (MV) BETWEEN:
Navin Kandavar @ Naveena Chandra Shetty K., S/o Mahabala Shetty, Aged about 45 years R/o ‘Shri Madhava’, No.108, 1st Main, 1st Cross, Keerthi Nagar, Shivamogga-577 201.
(By Sri M. Ravindranath, Advocate) ... Appellant AND:
1. Vijaya Kumar S/o Parameshwarappa Aged about 42 years R/o Veeranna Layout 5th Cross, Vinobhanagar, Shivamogga-577 201.
(Owner of the Tipper bearing Reg. No.KA-53-949) 2. Lokesh S/o Giri Gowda Aged about 43 years R/o Kashipura P & T Colony, Huchhurava Colony, 1st Cross, Shivamogga-577 201.
(Driver of the Tipper bearing Reg. No.KA-53-949) 3. National Insurance Co. Ltd., BH Road, Shivamogga, (Policy No.603702/31/10/670019212 Valid from 17-03-2011 to 16-03-2012) … Respondents (By Sri Janardhan Reddy, Advocate for R3; R1-Served; R2 Notice dispensed with) This MFA is filed under Section 173(1) of the MV Act against the judgment and award dated 19.11.2014 passed in MVC No.503/2012 on the file of the Presiding Officer, Fast Track Court, Additional MACT-III, Shivamogga, 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 19.11.2014 passed by the Presiding Officer, Fast Track Court, Additional MACT-III, Shivamogga, in MVC No.503/2012 seeking enhancement of compensation. By considering the matter on hand, the Tribunal has awarded a compensation of Rs.2,65,000/- with interest @ 6% p.a. from the date of 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 the compensation and to allow the appeal.
3. Per contra, learned counsel for the respondent No.3 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.1,20,000/- 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.1,20,000/- with interest in addition to the compensation awarded by the Tribunal. Accordingly, the appeal is disposed of.
ap* Sd/- JUDGE