IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE BETWEEN:
M.F.A. No.6226/2014[MV] S. NAGASUNDARA S/O SWAMY AGED ABOUT 21 YEARS R/O.KALKUNI VILLAGE KIRUGAVAKU HOBLI MALAVALLI TALUK MANDYA DISTRIC ... APPELLANT (BY SRI SUMANTH L BHARADWAJ, ADV.) AND:
1.MADESH S/O RACHAIAH MAJOR, R/O. NO.731 KALKUNI VILALGE AND POST KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT 2. THE MANAGER (LEGAL) IFFCO TOKIO GENERAL INS CO LTD NO.41,2ND FLOOR,NEW MUSLIM HOSTEL COMPLEX CRISTU COMPLEX,LAVELLE ROAD BANGALORE 560001 ... RESPONDENTS (BY SRI H. N .KESHAVA PRASHANTH ADV.
NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED 31.01.2015) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.4.2014 PASSED IN MVC NO.914/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 15.04.2014 passed by the Senior Civil Judge and M.A.C.T. at Malavalli in MVC No.914/2012.
2. It is case of the appellant that he has sustained grievous injuries in a Road Traffic Accident occurred on 04.01.2012. The Tribunal has awarded a total compensation of Rs.80,000/- with interest at 6% from the date of petition till the date of realization. Aggrieved by the same he is before this Court in this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
4. Per contra, the learned counsel appearing for the respondent-Insurer submits that the compensation awarded by the Tribunal is just and proper and based on the oral and documentary evidence produced before it. Hence there is no scope for enhancement. Accordingly, he submits to dismiss the appeal.
5. I have heard the learned counsel for the parties and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little on lower side. Considering the fact that claimant- appellant was a student studying in 2nd PUC at the time of the accident, which affected his educational career due to the grievous injuries sustained. I am inclined to award another sum of Rs.1,00,000/- globally which would meet the ends of justice.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for a global compensation of Rs.100,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/-
ACTING CHIEF JUSTICE HR