IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.6590/2016 (MV) BETWEEN:
SINGARAVELU S/O. SRINIVASA, AGED ABOUT 31 YEARS, R/AT KODANKURU NEW COLONY, NITTOOR, PUTTUR VILLAGE, UDUPI TALUK AND DISTRICT – 576 101 ...APPELLANT (BY SRI.GANESHA R, ADV.) AND:
1. PREETHESH AMIN S/O. RAGHU N. JATHAN, AGED ABOUT 23 YEARS, ANUPREET NILAYA, GUNDIBAIL, UDUPI TALUK, UDUPI DISTRICT.
2. THE DIVISIONAL MANAGER UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., CITY TRADE CENTRE, 1ST FLOOR, KADRI, MANGALORE - 575 003.
... RESPONDENTS (BY SRI.H.N.KESHAVA PRASHANTH, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2015 PASSED IN MVC NO.89/2014 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE, UDUPI, 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 Shri H.N. Keshava Prashanth, the learned counsel is directed to take notice for the second respondent-Insurance Company.
2. For the injuries in the road traffic accident that took place on 06th May 2013, the petitioner preferred claim petition in MVC No.89 of 2014 before the Motor Accident Claims Tribunal, Udupi. The Tribunal, by its order dated 30th December 2015, awarded compensation of Rs.1,56,950/-. Being not satisfied with the compensation awarded, the claimant-appellant is before this court in this appeal. The learned counsel appearing for the appellant submits that the Tribunal has erred in taking the disability at 5% though the documents produced show that the claimant has suffered disability at 15%. He further submits that the compensation awarded under other heads is also on lower side and hence seeks enhancement in the compensation.
3. The learned counsel for the respondent submits supports the order of the Tribunal and prays for dismissal of the appeal. He submits that compensation awarded by the Tribunal is just and proper and does not call for enhancement.
4. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. The Tribunal, after consideration of the documents produced before it and also after considering the evidence adduced, has awarded compensation of Rs.1,56,950/-. The same is just and proper. Be that as it may, if globally another Rs.15,000/- is awarded in addition to what has been awarded by the Tribunal, it would meet the ends of justice. Accordingly it is awarded. The enhanced compensation carries interest at the rate as is awarded by the Tribunal. Appeal accordingly stands disposed of.
Shri Keshava Prashanth, the learned counsel is permitted to file his memo of appearance within a period of four weeks.
lnn Sd/- JUDGE