IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.6093/2015 (MV) BETWEEN:
PAVITHRA D/O CHOWDAPPA, AGED ABOUT 10 YEARS, REPRESENTED BY HER FATHER NATURAL GUARDIAN CHOWDAPPA, R/AT ROPPA KASABA HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT - 572 122 ... APPELLANT (BY SRI.MUSHTAQ AHMED, ADV.) AND:
1. MALLESHA S/O KAVALLPPA, AGED ABOUT 34 YEARS, R/AT ROPPA KASABA HOBLI, PAVAGADA TALUK, TUMKUR DIST. - 572 122 2. THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., REG. OFFICE IFFCO SADAN-CI DISTRICT, CENTER SAKET, NEW DELHI – 110 017, REP. BY ITS MANAGER ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.3.2015 PASSED IN MVC NO.37/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MADHUGIRI(SITTING AT PAVAGADA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T In the claim petition filed by the claimant seeking compensation for the injuries suffered in the road traffic accident, the Motor Accident Claims Tribunal XII, Pavagada, by its award dated 28th March 2015 passed in MVC No.37 of 2011 awarded compensation of Rs.2,56,058/-. The appeal is preferred seeking enhancement of the compensation.
2. After arguing the matter for considerable length of time, both the learned counsel submit that the appeal may be disposed of by awarding globally a sum Rs.95,000/- in addition to what has been awarded by the Tribunal. Placing the submission made by both the learned counsel on record, the appeal stands disposed of by awarding another Rs.95,000/- globally. The enhanced compensation carries interest at the rate as is awarded by the Tribunal.
lnn Sd/- JUDGE