IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.3587/2015 [MV] BETWEEN :
Shashikumar S/o Rajanaika Aged about 17 years R/o Pattrahalli, Hiriyur Taluk Now R/at Mangai Thanda Sira Taluk, Tumakuru District (Represented by his father Rajanaika as natural guardian) PIN-572137 ...Appellant (By Sri Nagarajappa S H, Advocate) AND :
1. Parimalam W/o Rajavelu Aged about 43 years R/o No.134-B, Anangur Main Road K.P.R.IIIam, Komarpalam Post Tiruchangudu Taluk Namakal District, Tamil Nadu Owner of Lorry bearing Reg.No.TN-34 F-7185 PIN: 572 137 2. The Reliance General Insurance Co. Ltd., Anil Ambani Group Regd. Office at Reliance Centre-19 Hirachand Marg Mumbai – 400 001 Maharashtra State Service Address:
The Reliance General Insurance Co. Ltd., Anil Ambani Group Having its Branch Office at No.4/3/1 and 3/2/M 11th Main, 3rd Block Jayanagara, Benglauru-560 061 …Respondents (By Sri B. Pradeep, Advocate for R2; R1 Served) This M.F.A. is filed under Section 173(1) OF M.v.Act against the Judgment and award dated 27.06.2014 passed in MVC No.423/2012 on the file of the Senior Civil Judge and Additional MACT, Sira, 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 This appeal is filed by the appellant seeking enhancement of compensation against the judgment and award dated 27.06.2014 passed by the Court of Senior Civil Judge, Additional MACT, Sira in MVC No.423/2012 awarding compensation of Rs.1,05,000/-.
2. The appellant has sustained one simple injury and two grievous injuries i.e., Fracture of left fore arm of both bone and superior public rami fracture in a motor vehicle accident that occurred on 30.05.2011.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side.
4. The learned counsel for the respondents sought to support the judgment and award of the Tribunal.
5. I have heard the learned counsel for both sides. It is seen that the Tribunal has awarded compensation of Rs.1,05,000/- on all the heads. The compensation awarded under all the heads appears to be meager. The learned counsel for both sides submitted that a global compensation of Rs.50,000/- may be awarded in this appeal. The submission of both the counsel is placed on record.
6. Hence, the appeal is allowed in part. The appellant is entitled for global compensation of Rs.50,000/- in addition to the compensation awarded by the Tribunal. This compensation does not carry any interest.
Sd/- JUDGE Nm