IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.1375 OF 2017(MV) BETWEEN SRI BHASKAR R.B S/O BASAPPA REDDY R.P AGED ABOUT 47 YEARS R/A NO.2310, III A MAIN ROAD RPC LAYOUT VIJAYANAGAR II STAGE BENGALURU – 560 040.
(BY SRI.K.T.GURUDEV PRASAD , ADVOCATE) AND 1. THE MANAGER V R L LOGISTICS REGISTERED AND ADMINISTRATIVE OFFICE BENGALURU ROAD, VARUR HUBLI – 581 207.
2. ICICI LOMBARD GENERAL INSURANCE COM.LTD NO.89, SVR COMPLEX ABOVE AIRTEL OFFICE HOSUR MAIN ROAD MADIWALA, BENGALURU.
…APPELLANT POLICY ISSUED AT: ZENTH HOUSE KESHAVARB KHADE MARG MAHALAXMI, MUMBAI – 400 034. BY ITS MANAGER.
3. MR.K.M.NAGARAJ S/O MUNIANJINAPPA, MAJOR NO.117, KUDUREKERE VILLAGE THRAHUNASE POST BENGALURU – 560 092.
4. FUTURE GENERAL INDIA INSURANCE CO.LTD., REP BY ITS AUTHORIZED SIGNATURE PASADENA NO.18/1, OLD NO. 125/A III FLOOR, ASHOKA PILLAR ROAD I BLOCK, JAYANAGAR BENGALURU – 560 082.
…RESPONDENTS (BY SRI. ARAVIND.M.NEGLUR, ADVOCATE FOR R-1 SRI. H.N.KESHAV PRASHANTH, ADVOCATE FOR R-2 SRI. H.S.LINGARAJ, ADVOCATE FOR R-4 R-3 SERVED.) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.08.2016 PASSED IN MVC NO. 1435/2011 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE & XX ACMM, MEMBER, MACT, BENGALURU, (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 24.08.2016 passed by the learned XXII Addl. Small Causes Judge and XX Chief Metropolitan Magistrate & MACT, Bengaluru in M.V.C.No.1435/2011, awarding a sum of Rs.6,84,000/- together with interest at 8% p.a. from the date of petition till realization towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 04.11.2010.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. I have heard the learned counsel for the appellant as well as the learned counsel for the respondent Nos.2 and 4 – Insurance companies. Perused the impugned judgment and award passed by the Tribunal and the material on record.
4. Having regard to the nature of the injuries suffered by the appellant-claimant, I am of the opinion that it would be appropriate to award an additional sum of Rs.40,000/- as global compensation with interest at 6% p.a.
5. Hence, I pass the following order:-
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated 24.08.2016 passed by the learned XXII Addl. Small Causes Judge and XX Addl. Addl.
IV Addl. Chief Metropolitan Magistrate and MACT, Bengaluru in M.V.C.No.1435/2011 is modified by awarding an additional sum of Rs.40,000/- as global compensation with interest at 6% p.a. from the date of petition till realization.
(iii) As per the impugned judgment and award, the Respondent No.2 will be liable to pay Rs.30,000/- out of this enhanced global compensation and balance Rs.10,000/- is to be paid by Respondent No.4.
(iv) Respondents 2 and 4 are hereby directed to deposit the said amount within a period of four weeks from the date of receipt of the copy of the judgment.
bnv Sd/- JUDGE