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.2436 OF 2012 (MV) BETWEEN:
MR.P.ANAND BABU S/O LATE PENCHALAYYA AGED ABOUT 27 YEARS R/AT NO.645/11, NEAR POWER HOUSE, CIVILIAN QUARTERS, SHETTIHALLI MAIN ROAD, JALAHALLI WEST BANGALORE – 560 015 (BY SRI.M.R.KUMARASWAMY, ADV.) ... APPELLANT AND:
1. MR.KRISHNEGOWDA S/O MARI GOWDA R/AT NO.759/3, LIC BLOCK, NANDINI LAYOUT, BANGALORE – 560 096 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO. 41, 2ND FLOOR, CRISTU COMPLEX, NEAR MANDOVI MOTORS, LAVELLE ROAD, BANGALORE – 560 001 ... RESPONDENTS (BY SRI.E.I.SANMATHI, 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:17.6.2011 PASSED IN MVC NO.6564/2009 ON THE FILE OF MEMBER MACT & XVIII ADDITIONAL C.M.M., 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 24th July, 2009 the injured made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 17th June, 2011 passed in MVC No.6564 of 2009 awarded compensation of Rs.32,000/- with interest at 6% per annum. Being not satisfied with the compensation amount awarded, the appellant is before this court, seeking enhancement.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding a sum of Rs.60,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice.
Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn