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.6628 OF 2014 (MV) BETWEEN:
SRI.ANIL PRABHU S/O MANJUNATHA PRABHU AGED ABOUT 28 YEARS R/AT D.NO.101, SHIVABHAG ENCLAVE OPP: CITY BUS STAND, UDUPI NOW WORKING AS PROFESSOR S D M I T COLLEGE UJIRE – 575 108 ... APPELLANT (BY SRI.SACHIN B.S., ADV.) AND:
1. SRI.SHANKAR.B S/O LATE SUJEER SOMAPPA AGED ABOUT 58 YEARS R/AT POOJA NIVASA NEAR AYYAPPA MANDIR OPP:MAHAVEERA COLLEGE KODANGALLU POST PRANTHYA VILLAGE MANGALORE TALUK – 575 100 2. THE BRANCH MANAGER THE IFFCO-TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, LALBAGH TOWERS M.G.ROAD, MANGALORE ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.6.2014 PASSED IN MVC NO.510/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, 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 accidental injuries suffered in the road traffic accident that took place on 07th October 2012, the injured made claim petition before the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal at Udupi. The Tribunal by its judgment and award dated 12th June, 2014 passed in MVC No.510 of 2013 awarded a global compensation of Rs.1,95,800/. Being not satisfied with the compensation amount, the appellant is before this Court in this Appeal.
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 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. Entire amount may be released in favour of the appellant through Account Payee cheque.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn