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 MISCELLANEOUS FIRST APPEAL NO.8651 OF 2017 (MV) BETWEEN:
SHEIK KHALEEL NOW AGED 31 YEARS, S/O SHEIK ADAM SAHEB R/O TAPALU KATTE HOUSE MUDNOOR VILLAGE, KAVU POST PUTTUR TALUK DAKSHINA KANNADA DISTRICT PIN-574201 ... APPELLANT (BY SRI.VISHWANATHA POOJARY.K., ADV.) AND:
1. K.ABDUL SALAM S/O BEERA MOIDEEN NOW AGED 39 YEARS, R/O KAVU HOUSE MUDNOOR VILLAGE PUTTUR TALUK DAKSHINA KANNADA DISTRICT PIN – 574 201 2. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, LALBAGH TOWERS M G ROAD, MANGALURU DAKSHINA KANNADA DISTRICT PIN – 575 001 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2, NOTICE TO R1 IS 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:28.02.2017 PASSED IN MVC NO.156/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & ACJM, MEMBER, MACT, PUTTUR, 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 For the injuries suffered in the road traffic accident that took place on 26th July 2013 when the appellant was travelling as a pillion rider on the motorcycle bearing registration No.KA 21 L 9750 from Purttur towards Mudnuru the motorcycle was being driven by the rider in rash and negligent manner and when it reached Madyangala, Ariyadka village, the rider lost control and the same capsized the impact of which the pillion rider sustained severe and grievous injuries all over the body. Hence he made claim petition before the Motor Accident Claims Tribunal, Puttur. The Tribunal, by its judgment and award dated 28th February, 2017 passed in MVC No.156 of 2014, awarded compensation of Rs.1,00,000/- with interest at 6% per annum from the date of petition till the date of award. Being not satisfied with the compensation awarded, this appeal is filed seeking enhancement.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding further sum of Rs.35,000/- globally awarded in addition to what has been awarded by the Tribunal would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn