IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.6598 OF 2015 (MV) BETWEEN:
SRI ANANDA S/O. ANGARA, AGED ABOUT 27 YEARS, RESIDING AT MAGADI MANE, HALASULIGE POST, SAKALESHAPURA TALUK, HASSAN DISTRICT, PRESENTLY RESIDING AT BEHIND PETROL BUNK, HASSAN-BELUR ROAD, HASSAN.
... APPELLANT (BY SRI H.J. ANANDA, ADVOCATE) AND:
1. T.S. MOHAMMED S/O. MAMOODA, AGED ABOUT 50 YEARS, RESIDING AT ANE MAHAL HOUSE, KADALLI VILLAGE, SAKALESHAPURA TALUK, HASSAN.
2. N. SHRINIVAS S/O. NANJUNDA SHETTY, AGED ABOUT 61 YEARS, CHANDRASHRINIVASA, MALLIKARJUNA NAGARA, 3RD CROSS, SAKALESHAPURA TALUK, HASSAN.
3. BRANCH MANAGER ORIENTAL INSURANCE COMPANY LIMITED, S.S. COMPLEX, SUBHASH SQUARE, HASSAN.
... RESPONDENTS (BY SRI M. NARAYANAPPA, ADVOCATE, FOR R-3; & R-1 AND 2 ARE SERVED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 14-10-2014 PASSED IN M.V.C. NO.907 OF 2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL M.A.C.T., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Aggrieved by the compensation of Rs.25,790/-, the claimant/appellant has challenged the judgment and award dated 14-10-2014, passed by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Hassan, in M.V.C. No.907 of 2013.
2. Learned counsel for the appellant submits that the appellant sustained grievous injuries to his forehead, left knee, chest and right foot and all over the body. In that view, the compensation awarded by the Tribunal is very less and requires to be enhanced.
3. Learned counsel for the insurance company submits that the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement. Hence, the appeal is liable to be dismissed.
4. I have heard the learned counsel for both 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 deem it appropriate to award a global compensation of Rs.35,000/- in addition to the award made by the Tribunal.
5. Accordingly, the appeal is party allowed. The appellant is entitled for a global compensation of Rs.35,000/- (Rupees thirty-five thousand only), without interest, in addition to the compensation awarded by the Tribunal.
Sd/-
JUDGE kvk