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 MISCELLANEOUS FIRST APPEAL NO.7828 OF 2015 (MV) BETWEEN:
P.J. PRASANNA S/O JAYARAMU AGED ABOUT 28 YEARS, R/AT PANAKANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT PIN – 571 401 ... APPELLANT (BY SRI.SANATH KUMARA K M, ADV.) AND:
1. H.J.SHIVANNA S/O.K. JAVAREGOWDA, SINCE DEAD BY HIS LRS (A) SMT. JAYAKUMARI, W/O LATE H.J. SHIVANNA AGED ABOUT 65 YEARS, (B) H.S.SHIVAKUMAR S/O LATE H.J. SHIVANNA AGED ABOUT 43 YEARS, ALL ARE R/AT PANAKANAHALLI, KASABA HOBLI, MANDYA TALUK AND DISTRICT – 571 401 2. DIVISIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.41, 2ND FLOOR, CRISTU COMPLEX, LAVALLE ROAD, BANGALORE – 560 001 ... RESPONDENTS (BY SRI. D.VIJAYAKUMAR, ADV. FOR R2;
NOTICE TO R1 (A-B) DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.02.2015 PASSED IN MVC NO.408/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & CJM, & MACT, MANDYA, 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 Notice to respondent No.1(a) and (b) dispensed with.
Submission accepted.
2. For the injuries suffered in the road traffic accident on 22nd June 2010, the claimant made claim petition before the Motor Accident Claims Tribunal, Mandya. The Tribunal, by its judgment and award dated 18th February 2015 passed in MVC No.408 of 2010 awarded compensation of Rs.2,93,000/- with interest at 9% per annum. This appeal is preferred, seeking enhancement in the compensation.
3. 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 further sum of Rs.50,000/- globally awarded in addition to what has been awarded by the Tribunal would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest. Amount, if any, in deposit be transmitted to the Tribunal forthwith.
Appeal is allowed in part.
Shri D. Vijayakumar the learned counsel is permitted to file his memo of appearance before the respondent within a period of eight weeks.
Sd/-
ACTING CHIEF JUSTICE lnn