IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. NO.4555 OF 2017 (MVC) BETWEEN SHASHI KUMAR S/O B.N.VENKATESH AGED ABOUT 16 YEARS SINCE THE APPELLANT IS MINOR REPRESENTED THROUGH HIS NATURAL GUARDIAN FATHER B.N.VENKATESH S/O NAGAPPA SHETTY AGED ABOUT 48 YEAR R/O MADRALLI VILLAGE JAGALUR TALUK DAVANGERE DISTRICT – 577 002 … APPELLANT (BY SRI SREE HARSHA A.K., ADV.) AND:
1. THE NEW INDIA ASSURANCE CO. LTD., REP BY ITS DIVISIONAL MANAGER A.M.ARCADE, C.G.HOSPITAL ROAD, DAVANAGERE – 577 002 2. RAJU M S/O NINGAPPA MAJOR, DRIVER CUM OWNER OF MOTOR CYCLE BEARING REG NO.KA.17.L.9575 R/O NO.113/A, SATYANARAYAN CAMP., HARIHARA TALUK DAVANAGERE – 577 002 … RESPONDENTS (BY SRI K.SURYANARAYANA RAO, ADV. FOR R1; NOTICE TO R2 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.12.2016 PASSED IN MVC NO.547/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE, 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 The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 09.12.2016 passed by the III Additional Senior Civil Judge and VII MACT, at Davangere in MVC No.547/2014.
2. It is the case of the appellant that he has sustained grievous injuries in a road traffic accident occurred on 15.04.2014. The Tribunal has awarded a total compensation of Rs.7,37,000/- with 8% interest p.a. Aggrieved by the same this appeal is filed.
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. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. After arguing the matter for some time both the learned counsel for the parties submits that they are ready to settle the matter with global compensation. Their submission is placed on record.
6. I have heard learned counsel for both the sides 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 meager. Hence, I am inclined to award a global compensation of Rs.35,000/- in addition to the award made by the Tribunal.
7. Accordingly, the appeal stands disposed of.
The appellant is entitled for a global compensation of Rs.35,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE HR