IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.7728/2016 (MV) BETWEEN:
RAMEGOWDA S/O DODDEGOWDA, AGED ABOUT 42 YEARS, R/O MUDALAKOPPALU VILLAGE HALLIMYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT – 573 211 ... APPELLANT (BY SRI.MURTHY D L, ADV.) AND:
1. NAGESH S/O BEERALINGEGOWDA, AGED ABOUT 47 YEARS, CHIKKAMANDGERE VILLAGE AKKIHEBBAL HOBLI K.R.PETE TALUK MANDYA DISTRICT.
2. THE MANAGER UNITED INDIA GENERAL INSURANCE CO LTD., MICRO OFFICE, ANANDA COMPLEX KRS ROAD, PANDAVAPUR - 571 436 REP BY THE BRANCH MANAGER UNITED INDIA GENERAL INSURANCE CO LTD., SUBHASH CHOWK, GANDHI CIRCLE, B.M.ROAD, HASSAN - 573 201. ... RESPONDENTS (BY SRI.R.RAJAGOPALAN, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.01.2016 PASSED IN MVC NO.394/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C, HOLENARASIPUR, 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:-
J U D G M E N T Shri R. Rajagopalan, the learned counsel is directed to take notice for the second respondent-Insurance Company.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal at Rs.50,000/- is very meager and seeks enhancement in the compensation.
3. The learned counsel for the respondent submits that the compensation awarded by the Tribunal is just and proper and hence prays for dismissal of the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. As per Exhibit P6 wound certificate, the claimant has suffered tenderness and swelling on right wrist; tenderness over left lower back; and abrasion over right side of face. In the absence of any further medical records, the Tribunal awarded global compensation of Rs.50,000/-. In the facts and circumstances of the case, and on the basis of the reasons assigned by the Court below, in the ends of justice, suffice it if globally another Rs.25,000/- is awarded in addition to what has been awarded by the Tribunal. Enhanced global compensation does not carry any interest.
lnn Sd/- JUDGE