IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.8529 OF 2013 (MV) BETWEEN:
SIDHARAMESWAR M.HIREMATH S/O LATE MRUTHUNJAYA, AGED 31 YEARS, C/O. RAMAKRISHNAPPA, R/O.57, 2ND CROSS, VINAYAKA LAYOUT, PUTTENAHALLI, YELAHANKA, BANGALORE – 560 064 ... APPELLANT (BY SRI.VISHWANATH S.SHETTAR, ADV.) AND:
1. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED BY ITS MANAGER, NO.141, 4TH FLOOR, SRI.SHANTHI TOWERS, OPP. CUPA COFFEE, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE – 560 043 2. B.P.PRADEEP S/O.RAJA NARASIMHA MURTHY, AGED MAJOR, PROPRIETOR SLR TRAVELS, HULIYAR, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT – 572 101 ... RESPONDENTS (BY SRI.D VIJAYA KUMAR, ADV. FOR R1;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:22.07.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.08.2013 PASSED IN MVC NO.5137/2012 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION 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 10thJuly, 2012, the injured made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 14thAugust, 2013 passed in MVC No.5137 of 2012 awarded a global compensation of Rs.30,000/- with 8% interest per annum. Aggrieved by the compensation awarded, the claimant is before this Court in this appeal, seeking enhancement of the compensation.
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.50,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part Sd/-
ACTING CHIEF JUSTICE lnn