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.3580/2015 (MV) BETWEEN:
PRASANNA H SON OF H.P. HEMAIAH, AGED ABOUT 43 YEARS, RESIDING AT NO.626, 3RD CROSS, KEMPEGOWDA STREET, SWARASANDRA, MANDYA CITY ... APPELLANT (BY SMT.BHUSHANI KUMAR, ADV.) AND:
1. SADASHIV J SON OF JAVAREGOWDA, RESIDING AT NO.465, KODIYALA, SRIRANGAPATNA TALUK, MANDYA DISTRICT.
2. THE MANAGER(LEGAL) IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.41, 2ND FLOOR, CRISTU COMPLEX, LAVELLE ROAD, BANGALORE. ... 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:17.7.2014 PASSED IN MVC NO.395/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, MANDYA, 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 For the injuries suffered in the road traffic accident that took place on 19th April 2011 the injured preferred claim petition before the Additional Motor Accident Claims Tribunal, Mandya. The Tribunal, by its award dated 17th July 2014 passed in MVC No.395 of 2011 awarded compensation of Rs.1,08,000/-. Being not satisfied with the compensation awarded, the claimant is before this court seeking enhancement in the compensation.
2. After arguing the matter for quite some time, both the learned counsel appearing for the parties submit that the appeal may be disposed of by awarding globally another sum of Rs.85,000/-. Accordingly, the compensation is enhanced by another Rs.85,000/- put together under all heads. It is made clear that the enhanced amount does not carry any interest. Appeal is allowed in part.
lnn Sd/- JUDGE