1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.8440 OF 2011 (MV) BETWEEN:
S.R. NAGARATNA W/O LATE VENKATESH AGED ABOUT 40 YEARS No.52, 1ST MAIN ROAD 14TH CROSS, BEHIND KESHAVA THEATRE B.K.NAGAR, YESHWANTHPUR BANGALORE-560 022 … APPELLANT (BY SMT. ARCHANA MURTHY, ADVOCATE FOR SHRI. S. DORAI BABU, ADVOCATE) AND:
1. KUPPAM S/O MASALA MANI AGED ABOUT 48 YEARS R/A NO.10, 12TH CROSS 2ND MAIN ROAD, B.K.NAGAR YESHWANTHPUR BANGALORE-560 022 2. THE BRANCH MANAGER UNITED INSURANCE CO. LTD OFF NO.112, 1ST FLOOR, 80 FEET ROAD NEAR CANARA BANK, GEDDALAHALLI ASWATHNAGAR BUS STOP BANGALORE-560 094 … RESPONDENTS (BY SHRI. A.N. KRISHNASWAMY, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH V/O/DTD.11.02.2015) 2 THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.04.2011 PASSED IN MVC NO.5678/2009 ON THE FILE OF I ADDITIONAL SMALL CAUSE JUDGE AND MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Injured claimant has presented this appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Bengaluru, by its judgment and award dated 08.04.2011 in MVC No.5678/2009.
2. After hearing Smt. Archana Murthy, learned advocate for the claimant and Shri A.N. Krishna Swamy, learned advocate for respondent No.2 – Insurer, in the opinion of this Court, an additional compensation of Rs.40,000/- with 6% interest p.a. is just and appropriate.
3 3. After discussion, learned advocate for the claimant accepts the said compensation and prays that the award passed by the learned Tribunal may be accordingly modified. Shri A.N. Krishna Swamy also consents.
4. Hence, the following;
ORDER (i) Appeal is allowed in part;
(ii) A sum of Rs.40,000/- with 6% interest per annum payable from the date of claim petition till the date of realization is awarded in addition to the compensation awarded by the learned Tribunal;
(iii) Insurer shall deposit the aforesaid sum within four weeks from the date of receipt of a copy of this order and;
4 (iv) Upon such deposit, the said amount shall be disbursed to the claimant in full.
5. Shri A.N. Krishna Swamy, learned advocate is permitted to file vakalathnama for respondent No.2 – Insurer, within four weeks.
Sd/- JUDGE AV