IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.7097/2016(MV) BETWEEN:
RAMALINGAIAH S/O BYRAIAH AGED ABOUT 59 YEARS, R/AT BYRAPPANAPALYA HOSAKERE HOBLI, KODIGEHALLI POST GUBBI TALUK – 572 216 ... APPELLANT (BY SRI.SHANTHARAJ K, ADV.) AND:
1. NAGARAJ S/O VENKATARAMANAPPA MAJOR, RESIDING AT #279, KODAGI THIRUMALAPURA BANGALORE NORTH PIN - 560 097 2. IFFCO-TOKIO GENERAL INSURANCE CO LTD REP. BY ITS MANAGER SUDEVA PLAZA, 3RD FLOOR OPP TO LAKSHMI TEMPLE DAJIBANPETH, HUBLI – 580 029 ... RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, 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:15.06.2016 PASSED IN MVC NO.701/12 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT-17, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant seeking enhancement of compensation being aggrieved by the Judgment and Award dated 15.6.2016 passed by the Sr. Civil Judge and Addl. MACT at Gubbi.
2. The claimant has suffered injuries on account of the accident that has occurred on 29.5.2012 at about 8.30 am. when the claimant was proceeding in motor bike, along with a pillion rider, the quails vehicle being driven by the driver at high speed came in rash and negligent manner and hit the motor bike. The claimant has filed the petition seeking compensation. The Tribunal has awarded a sum of Rs.2,02,150/-. Being aggrieved by the same this appeal is filed.
3. The enhancement is on the ground that the Tribunal has taken income of the injured at lower side and future medical expenses awardcd by the Tribunal is on the lower side and the Tribunal has not awarded the just and proper compensation.
4. The learned counsel for the respondents has sought to dismiss the appeal.
5. I have heard the learned counsel for both sides and perused the judgment and award passed by the Tribunal. Considering the nature of injuries suffered by the claimant and future medical expenses and other factors, I deem it proper to award another sum of Rs.65,000/- as global compensation in addition to what has been awarded by the Tribunal. The enhanced compensation carries interest at 6% p.a. from the date of petition till the date of payment. The appeal is allowed in part.
Sd/- JUDGE NM