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.1931 OF 2016 (MV) BETWEEN:
REVANASIDDAPPA S/O HUCHAPPA AGED ABOUT 49 YEARS R/O THOLAHUNSE VILLAGE DAVANGERE TALUK AND DISTRICT PIN – 577 003 (BY SRI.NAGARAJAPPA S.H., ADV.) AND:
1. P.G.ONKARAPPA S/O GURUBASAPPA AGED ABOUT 34 YEARS DRIVER OF TRACTOR AND TRAILER BEARING NO.KA-17/TB/4520 KA-17/T-7035 R/O. THOLAHUNSE VILLAGE DAVANAGERE TALUK AND DISTRICT PIN – 577 003 2. GURUBASAPPA T.B. S/O.HANUMANTHAPPA AGED ABOUT 50 YEARS OWNER OF THE TRACTOR REG.NO.KA-17/TB-4520 ... APPELLANT R/O THOLAHUNSE VILLAGE DAVANGERE TALUK AND DISTRICT PIN – 577 003 3. NANJUNDAPPA S/O BHARAMAPPA OWNER OF TRAILER BEARING REG. NO.KA-17/T-7035 SINCE DEAD BY HIS LRS 3(A) BASAVARAJU S/O NANJUNDAPPA AGED ABOUT 44 YEARS 3(B) MANJUNATHA S/O NANJUNDAPPA AGED ABOUT 39 YEARS 3(C) NAGARAJA S/O NANJUNDAPPA AGED ABOUT 36 YEARS 3(D) RAVI S/O NANJUNDAPPA AGED ABOUT 30 YEARS 3(E) SURESH S/O. NANJUNDAPPA AGED ABOUT 28 YEARS ALL ARE AGRICULTURIST R/O. NEAR ANJANEYA MILL THOLAHUNSE VILLAGE DAVANAGERE TALUK AND DISTRICT PIN – 577 003 4. THE MANAGER IFFCO - TOKIO GENERAL INSURANCE COMPANY LIMITED., BRANCH AT :3RD MAIN ROAD P.J. EXTENSION DAVANAGERE - 577 002 5. THE DIVISIONAL OFFICER UNITED INDIA INSURANCE COMPANY LIMITED DIVISION OFFICE #34/3, MMK COMPLEX AKKAMAHADEVI ROAD P J EXTENSION DAVANGERE – 577 002 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R4; SRI.RAVISH BENNI, ADV. FOR R5; R3(B) IS SERVED;
NOTICE TO R1, R3(A, C & D) ARE DISPENSED WITH V/O DTD: 28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.08.2015 PASSED IN MVC NO.341/12 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-V, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Vide order dated 13th June 2016 this appeal came to be dismissed as time-barred. To recall the said order IA.II of 2016 was filed. This is also a delay of 112 days in filing the recalling application for which IA.I III of 2016 is filed seeking condonation. For the reasons stated in the respective applications, the same are allowed. Order dated 13th June 2016 dismissing the appeal is time-barred is recalled and the appeal is restored to file. IA.III of 2016 is allowed. Delay in filing the recalling application is condoned. IA.I of 2016 is also allowed condoning the delay of 133 days in filing the appeal.
2. For the injuries suffered in the accident on 13th December 2011, the injured made claim before the Motor Accident Claims Tribunal-V at Davanagere. The Tribunal, by its judgment and award dated 22nd August, 2015 passed in MVC No.341 of 2012 awarded the compensation of Rs.65,100/- with interest at 6% per annum from the date of petition till the date of realisation. Being not satisfied with the compensation amount, the appellant is before this Court in this appeal, seeking enhancement.
3. I have heard the learned counsel for the parties and perused the impugned judgment and award. The Tribunal has awarded the compensation based on the oral and documentary evidence placed before it. Be that as it may, considering the facts and circumstances and the injuries suffered by the claimant awarding a sum of Rs.25,000/- 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.
lnn Sd/-
ACTING CHIEF JUSTICE