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.3754/2016 (MV) BETWEEN RAJU MOGAVEERA, AGED ABOUT 53 YEARS, S/O BASAVA MOGAVEERA, R/AT HAKLU MANE, SHANKAT, AMPARU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. ... APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADV) AND 1. PRADEEPA HELRE, AGED ABOUT 35 YEARS, S/O G. RAMADEVA, R/AT NO.40/1, 2ND FLOOR, BELLARY ROAD, GANGANAGAR, BENGALURU.
2. BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD. GROUND FLOOR, NO.31, TBR TOWER, 1ST CROSS, NEW MISSION ROAD, NEAR BENGALURU STOCK EXCHANGE, BENGALURU REP. BY ITS AUTHORIZED OFFICER.
3. SANTHOSHA KUMAR SHETTY, AGED ABOUT 36 YEARS, S/O SHEENAPPA SHETTY, R/AT KANCHARU GARADI MANE, AMPARU GRAMA, KUNDAPURA TALUK, 4. IFFCO TOKIO GENERAL INS. CO. LTD., CUSTOMER SERVICE CENRE, SRI SHANTHI TOWERS, 5TH FLOOR, BUILDING NO.141, 3RD MAIN, N.G.E.F. LAYOUT, KASTURI NAGAR, BENGALURU – 560 043, REP: BY ITS MANAGER, …. RESPONDENTS (BY SRI. P.B. RAJU ADV FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.03.2016 PASSED IN MVC NO.1108/2013 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MACT, UDUPI (SITTING AT KUNDAPURA), 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:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 05.03.2016 passed by the Addl. District and Sessions Judge and MACT, Udupi (Sitting at Kundapura), Kundapura in MVC No.1108/2013. The accident is of the year 2013.
2. It is the case of the appellant that he had suffered injuries in a motor vehicle accident occurred on 11.06.2013. The appellant had filed claim petition before the Tribunal. The Tribunal has assessed the disability to the extent of 10% and has awarded a compensation of Rs.1,68,200/-. 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 additional global compensation of Rs.63,000/- with interest.
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.63,000/- with interest in addition to the award made by the Tribunal.
Accordingly, the appeal stands disposed of.
The amount in deposit if any shall be transmitted to the Tribunal.
Chs* Sd/- JUDGE