IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A. NO.4426 OF 2018 (MV) BETWEEN:
SRI B.E.GURUMURTHY, S/O B.L.ESHWARAPPA, AGED ABOUT 32 YEARS, R/O BAGUR VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT PRESENTLY R/AT C/O GANGADHARACHAR, BEERANAHALLIKERE, RAGHAVENDRA COLONY, HASSAN – 573201.
... APPELLANT (BY SRI. H.J.ANANDA, ADVOCATE) AND:
1 . SRI. H.D.RAMACHANDRA, S/O DODDEGOWDA, AGED ABOUT 49 YEARS, K.S.R.T.C. DRIVER, BADGE NO.11779/BUS, SAKALESHPURA DEPOT, SAKALESHPURA, HASSAN DISTRICT – 573201.
PRESENTLY R/O JANATHA QUARTERS, WARD NO 15, SAKALESHPURA TOWN, SAKALESHPURA TALUK, HASSAN DISTRICT- 573201 2 . DIVISIONAL CONTROLLER, K.S.R.T.C, CHIKKAMAGALURU DIVISION, CHIKKAMGALURU.
REPRESENTED BY: DIVISIONAL CONTROLLER, K.S.R.T.C, B.M.ROAD, HASSAN – 573 201.
(BY SRI. RESEPRE PRETHESH D’SOUZA, ... RESPONDENTS FOR SRI. S.RAJASHEKAR, ADVOCATE FOR R2; R-1 SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2018, PASSED IN MVC NO.733/2016, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal by the claimant lays a challenge to the judgment & award dated 06.03.2018, whereby, the Additional MACT, Hassan, having favoured claimant’s MVC No.733/2016 has awarded a compensation of Rs.2,52,000/- with interest @ 6% p.a., subject to a usual condition of bank deposit. After service of notice respondent No.2 having entered appearance through its counsel resists the appeal. First respondent despite service of notice has chosen to remain unrepresented before this Court.
2. Having heard the learned counsel for the parties and having perused the appeal papers, this Court is of considered opinion that there has to be a marginal enhancement of the compensation by a sum Rs.48,000/- regard being had to the nature of injuries, the kind of medical treatment and the longevity of hospitalization.
In the above circumstances, this appeal succeeds in part; the impugned judgment & award having been modified, the compensation is enhanced from Rs.2,52,000/- to Rs.3,00,000/-(Three Lakh Rupees) only, all other terms & conditions having been left intact.
No costs.
Sd/- JUDGE DS