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.3840 of 2013 (MV) BETWEEN:
RAMESH S/O NARAYANAPPA AGED 28 YEARS R/A NO.18, RAMAMURTHY NAGAR BANGALORE AND ALSO AT NO.12-1 EDDULA THIPPENAHALLI SHIDLAGHATTA TALUK CHIKKABALLAPUR DIST. ... APPELLANT (BY SRI.NARENDRA GOWDA, ADV.) AND:
1. IFFCO TOKIO GEN. INS. CO. LTD. NO.41, II FLOOR NEXT TO MONDOVI MOTORS CRISTU COMPLEX, LEVELLE ROAD BANGALORE – 560 001 2. VISHWANATHA S/O MUNISWAMI GOWDA NO.132, BALUBENAHALLI VILLAGE VENKATAPURA POST JANGAMAKOTE HOBLI SHIDLAGHATTA TALUK CHIKKABALLAPUR DIST. ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R1; NOTICE TO R2 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:4.12.2012 PASSED IN MVC NO.3134/2011 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-5, BANGALORE, 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 For the injuries suffered in the road traffic accident that took place on 26th January, 2011, the injured made claim petition before the Motor Accident Claims Tribunal, Ba;ngalore. The Tribunal, by its judgment and award dated 04th December 2012 passed in MVC No.3134 of 2011 awarded Rs.69,000/-. Being not satisfied with the compensation awarded, the appellant is before this Court in this appeal, seeking enhancement.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding a sum of Rs.35,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn