IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.682/2015[MV] BETWEEN :
SRI. DINESH M.S.
S/O S. SADANANDA RAO AGED ABOUT 35 YEARS, RESIDING AT NO. 47/A, 1ST FLOOR, 1ST G CROSS, 2ND PHASE, GIRINAGAR, BSK III STAGE, BANASHANKARI, BANGALORE – 85.
(BY SRI. JAGDISH G., ADV.) AND :
1. M/S IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., BY ITS MANAGER, NO.8, 3RD FLOOR, 3RD BLOCK, KSCMF BUILDING, CUNNINGHAM ROAD, BANGALORE – 560 052.
2. MR. UMASHANKAR M.S., S/O SHANTHAMALLAPPA, NO. 10/2, KEMPANNA LAYOUT, PALACE GUTTAHALLI, BANGALORE – 560003.
(BY SRI. B. PRADEEP, ADV. FOR R1.
V/O DATED 21/10/2016 R2 NOTICE D/W) ... APPELLANT …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 10.9.2014 PASSED IN MVC NO. 3217/2012 ON THE FILE OF THE 23RD ADDITIONAL SMALL CAUSES JUDGE, 21ST ACMM, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 10.09.2014 passed by the Motor Accident Claims Tribunal Court of Small Causes, at Bengaluru in MVC No.3217/2012.
2. The appellant has sustained grievous injuries on account of the motor vehicle accident occurred on 14.05.2011. The appellant has filed claim petition seeking compensation. The Tribunal has awarded a compensation a sum of Rs.1,08,592/-. Aggrieved by the same, the appellant has filed this appeal.
3. The learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads is on the lower side and sought enhancement of compensation.
4. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have head leaned counsel for both sides and perused the Judgment and Award passed by the Tribunal. Looking to the nature of injuries sustained by the appellant and treatment taken by the appellant, I am inclined to grant a global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.
6. Accordingly, the appeal is allowed in part.
The appellant is entitled for enhanced global compensation of Rs.50,000/-.
Sd/- JUDGE Nm