IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MFA NO.5504 OF 2017 (MV) BETWEEN:
PRAJAS S/O PRAKASH KARANTH, AGED ABOUT 25 YEARS, R/A HOUSE NO.7-49B, MEENALAKSHMI, NITTOORU, UDUPI TALUK & DISTRICT – 576 101 ... APPELLANT (BY SRI SACHIN B S, ADV.) AND:
1. ABDUL FARUQ S/O K.MOHIDDIN, AGED MAJOR, R/AT HOUSE NO.9-116E2, SANTHOSH NAGAR, KARAMBALLI, KUNJIBETTU, UDUPI TALUK, UDUPI DISTRICT-576101 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SRI.RAM ARCADE, OPP:HEAD POST OFFICE, UDUPI TALUK & DISTRICT – 576 101 ... RESPONDENTS (BY SRI A.M.VENKATESH, ADV. FOR R2; NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.04.2017 PASSED IN MVC NO.98/2015 ON THE FILE OF THE ADDITIONAL MACT AND PRINCIPAL SENIOR CIVIL JUDGE, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
JUDGMENT Petitioner preferred claim petition before the Additional Motor Accident Claims Tribunal and Principal Senior Civil Judge, Udupi in MVC No.98 of 2015 claiming compensation for the injuries suffered in the road traffic accident that took place on 10th April 2014. The Tribunal, by its judgment dated 10th April 2017, awarded compensation of Rs.1,02,400/- with 6% interest per annum. Being not satisfied with the compensation, the claimant has preferred this appeal seeking enhancement.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal under all heads is on the lower side and the same requires enhancement.
Per contra, the learned counsel appearing submits that the Tribunal has considered all the materials evidence and records and has awarded the just and reasonable compensation. There is no ground for interference in this appeal.
3. Heard the learned counsel for the parties and gone through the Judgment. The Tribunal has considered all the relevant materials and evidence on record and has awarded the just compensation. Be that as it may, in the facts and circumstances of the case, we feel that awarding an amount Rs.35,000/- globally, would meet the ends of justice. Hence, the same is awarded in addition to what has been awarded by the Tribunal.
Sri A.M. Venkatesh, the learned counsel for the respondent is permitted to file his memo of appearance.
Sd/- JUDGE Sd/- JUDGE lnn