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 M.F.A. NO.1559 OF 2017 (MV) BETWEEN:
RAGHU.K S/O KULLAJOGAIAH AGED ABOUT 34 YEARS, R/AT ABBURU VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT ... APPELLANT (BY SRI.RAJU.S., ADV.) AND:
1. SWAMY S/O. NANJUNDEGOWDA R/AT HUDCO COLONY WARD NO.15 MANDYA TOWN MANDYA - 571 402 2. THE IFFCO TOKIO GENERAL INSURANCE CO. LTD. NO.35, REEBOOK SHOW ROOM KUVEMPUNAGAR NEAR AKSHAYA BHANDAR MYSORE - 570 023 ... RESPONDENTS (BY SRI.E.I. SANMATHI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.01.2017 PASSED IN MVC NO.140/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT, CHANNAPATTANA, 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 For the accidental injuries suffered in the road traffic accident that took place on 26th May 2013, the appellant preferred claim petition before the Additional Motor Accident Claims Tribunal, Channapattana. The Tribunal, by its award dated 03rd January 2017 passed in MVC No.162 of 2013, awarded a global compensation of Rs.50,000/-. Being aggrieved by the award, the appellant has preferred this appeal seeking enhancement.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. The Tribunal, after considering the evidence adduced and the material documents produced before it, has awarded the global compensation of Rs.50,000/-. Be that as it may, considering the facts and circumstances and the injuries suffered by the claimant and also taking note of the age of the appellant, I my considered opinion, awarding sum of Rs.50,000/- globally, in addition to what has been awarded by the Tribunal, would meet the ends of justice. Accordingly, the same is awarded. It is also made clear that the enhanced amount does not carry any interest. The enhanced compensation shall be disbursed to the appellant under account payee cheque with due identification.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn