IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.5594/2015 (MV) BETWEEN SMT. PREMA, W/O SHIVA KUMAR, AGED ABOUT 45 YEARS, R/AT. MALKANI HITHLU, KOTTESHWARA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576201. ... APPELLANT (BY SRI. NAGARAJA HEGDE, ADV) AND 1. SUDHAKAR SHEETY, S/O S.K. SHETTY, AGED ABOUT 57 YEARS, R/AT DURGA PRASAD NILAYA, ANKADAKATTE, KOTTESHWARA VILLAGE, KUNDAPURA TALUK, UDUPI DIST – 576201.
2. NATIONAL INSURANCE CO. LTD BRANCH OFFICE, MUNICIPAL MAIN ROAD, KUNDAPURA TALUK, UDUPI DISTRICT.-576201. ... RESPONDENTS (BY SRI. ARUN BHAT, ADV. FOR R1, SMT. H.R. RENUKA, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.01.2015 PASSED IN MVC NO.791/2012 ON THE FILE OF THE ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), 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:
JUDGMENT The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 02.01.2015 passed by the Additional District and Sessions Judge & Member of Addl. Motor Accident Claims Tribunal, Udupi (Sitting at Kundapura) in M.V.C No.791/2012. The accident is of the year 2011.
2. It is the case of the appellant that she is the mother of the deceased who succumbed to the injuries in a motor vehicle accident occurred on 17.03.2011. The appellant had filed claim petition before the Tribunal. The Tribunal has awarded a compensation of Rs.8,04,400/- with costs and simple interest at the rate of 6% p.a. Aggrieved by the same, the appellant has filed this appeal.
3. Learned counsels for both the parties have submitted that the appeal may be disposed awarding a global compensation of Rs.1,68,000/- with 6% interest in addition to what is awarded by the Tribunal.
4. The submission of both the learned counsels is taken on record.
5. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.1,68,000/- along with interest at the rate of 6% p.a. in addition to the award made by the Tribunal.
Accordingly, the appeal stands disposed of.
Chs* Sd/- JUDGE