IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE L. NARAYANA SWAMY M.F.A. NO. 6331 OF 2015 (MV) BETWEEN:
Sri H.C. Rangaswamy, Aged about 39 years.
S/o Sri Channegowda R/at Attavara Hosahalli Village, Kasaba Hobli, Hassan Taluk, Pin-573 201 (BY SRI. RAVISHANKAR C.R., ADV.,) AND:
1. Sri. Boodesha Major S/o Javeregowda R/at Nidudi village, Kasba Hobli, Hassan Taluk. Pin-573 201 ... APPELLANT 2. THE MANAGER National Insurance Company limited 1st Floor, Manjunatha Complex, Old bus stand Road, Hassan.
Pin-573 201 … RESPONDENTS (BY SRI. A RAVISHANKAR , ADV., FOR R2;
R1 served.
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 6.7.2015 PASSED IN MVC NO.779/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MEMBER ADDL. MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal by the appellant-claimant challenging the judgment and award dated 06/07/2015 passed by the Addl. Senior Civil Judge and Addl. MACT, Hassan, in MVC No.779/2014 seeking enhancement. By considering the matter on hand, the Tribunal has awarded a compensation of `2,18,000/- with interest @ 6% p.a. from the date of petition till payment.
2. Learned counsel for the appellant submits that the compensation awarded by the Tribunal under all the conventional heads is on lower side, hence seeks for enhancement of compensation awarded by the Tribunal and to allow the appeal.
3. Per contra, learned counsel for the respondent No.2 submits that considering the nature of injuries sustained by the appellant the tribunal has awarded just compensation and there is no scope for enhancement. Hence, he prays for dismissal of this appeal.
4. Learned counsel for the parties after arguing the matter for some time, submit that globally `90,000/- may be awarded without interest.
5. Their submission is placed on record.
In view of the submission made, I am inclined to award a global compensation of `90,000/- without interest in addition to the compensation awarded by the Tribunal. Accordingly, the appeal is allowed in part.
Amount in deposit, if any, to be transmitted to the Tribunal.
Sd/- JUDGE Psg*