IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.7098/2015 (MV) Between:
Raviprakash S/o. Chikkarnariyappa, Aged 38 years, No.32, 3rd Cross, Hegganahalli, Bangalore.
Permanent Address, No.87/9, 10th Cross, Vigneshwaranagar, Sunkadakatte, Bangalore-98. …Appellant (By Sri Kalyan K. Advocate) And:
1. IFFCO-TOKIO General Insurance Co. Ltd., Sri. Shanthi Tower’s 5th Floor, No.141, 3rd Main, East of NGEF Layout, Kasthurinagar, Bangalore-560 064.
2. Muthuraju M. S/o. Meagiri, No.226/A, Yelachenahalli, Old Post office Road, Bangalore-78. …Respondents (By Sri B. Pradeep Adv. for R1; R2 dispensed with) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated:30.06.2015 passed in MVC No.2253/2014 on the file of the XXII Additional Small Causes Judge, Member, MACT Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming up for Admission this day, the court delivered the following:
JUDGMENT Appeal is filed by the injured/claimant against the judgment and award dated 30.06.2015 passed in MVC No.2253/2014 on the file of the XXII Additional Small Causes Judge, Member, MACT Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking of enhancement.
2. The claimant/appellant has suffered injuries in the motor vehicle accident occurred on 18.05.2014 and he has taken treatment as in patient in the hospital by spending huge amount. Thereafter, the claimant has filed claim petition before the Tribunal seeking for compensation. By considering the oral and documentary evidence produced by the claimant, the Tribunal has awarded a sum of Rs.51,862/- with interest at 6% p.a. Aggrieved by the said judgment and award, the appellant has preferred this appeal and sought for enhancement.
3. Learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
4. Learned counsel for the respondent-Insurer supported the judgment and award passed by the Tribunal and sought for dismissal of the appeal.
5. I have heard learned counsel for both sides and I have gone through the materials available on record.
6. During the course of arguments, learned counsel for both the parties have submitted that the parties have agreed to settle the matter with enhanced compensation of Rs.50,000/- with interest in addition to the compensation awarded by the Tribunal. The said submission of the both the counsel is taken on record. Looking to the nature of injuries sustained by the claimant, I am inclined to award a global compensation of Rs.50,000/- with interest.
7. Hence, the appellant is entitled for global compensation of Rs.50,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount shall not carry any interest.
In terms of the submission made by both the parties, the Appeal is disposed of accordingly.
Sd/- JUDGE DL CT-ADP