IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA MFA No.2684/2014 (MV) BETWEEN:
SRI.K.S.PALANGAPPA, S/O. LATE SOMAIAH, AGED ABOUT 42 YEARS, R/AT KANNANGAD ESTATE, K.CHETTALLI VILLAGE, AT PRESENT RESIDING AT GONIKOPPAL TOWN, VIRAJPET TALUK, KODAGU DISTRICT – 571 213.
(BY SRI.BALAKRISHNA.M.R, ADV.) AND:
1. SRI.K.H.PRASHANTH KUMAR, S/O. LATE HONNAPPA, AGED ABOUT 34 YEARS, R/O. SIDDAPUR TOWN, SIDDAPUR, KODAGU DISTRICT-571 253, (DRIVER OF THE VEHICLE).
2. SRI.P.M.PUTTASWAMY, S/O. LATE P.K.MADAPPA, AGED ABOUT 59 YEARS, M/S.BHAGANDESHWARA MOTOR SERVICE, SIDDAPUR, KODAGU DISTRICT – 571 253, (OWNER OF THE VEHICLE).
... APPELLANT 3. THE BRANCH MANAGER, THE NEW INDIA INSURANCE COMPANY LIMITED, MADIKERI – 571 201.
(BY SRI.K.POORNABODHA, ADV. FOR R3 ... RESPONDENTS SRI.HARISH GANAPATHI, ADV. FOR R1 & R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:6.12.2010 PASSED INMVC NO.74/2010 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & MACT, VIRAJPET, 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 is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Along with the appeal, I.A.No.1/2014 is filed by the appellant under Section 5 of the Limitation Act praying to condone the delay of 1129 days in filing the appeal.
3. The delay application is opposed by filing detailed statement of objections.
4. The Tribunal by impugned judgment and award dated 06.12.2010 has awarded compensation of Rs.53,878/- with interest @ 6% p.a. for the crush injury of the left foot with fracture of proximal phalanx of the 3rd toe and loss of toe nail of great toe sustained by the appellant/claimant in a road traffic accident occurred on 24.05.2010.
5. The learned counsel for the appellant fairly submits that in view of inordinate delay of 1129 days in filing the compensation awarded by the Tribunal may be enhanced reasonably without interest on such enhanced compensation.
6. In response to his request, Sri.K.Poornabodha Rao, learned counsel for the insurer of the offending vehicle submits that in the event of Court opining that the compensation awarded by the Tribunal is on the lower side and the same requires to be enhanced, it may be done so by waiving interest on the enhanced compensation.
7. Considering their submissions, the following:
ORDER i) Accepting the reasons stated in the affidavit accompanying the delay application, I.A.No.1/2014 is allowed and delay of 1129 days in filing the appeal is condoned, subject to condition that the appellant is not entitled for interest on the enhanced compensation.
ii) Appeal is allowed in part.
iii) The compensation awarded by the Tribunal is enhanced by another sum of Rs.25,000/- globally without interest.
iv) The respondent-insurer is directed to deposit Rs.25,000/- without interest within two months from the date of receipt of a copy of this judgment, failing to deposit the additional compensation of Rs.25,000/- without interest within two months, it will carry interest at 6% p.a. after expiry of two months from the date of receipt of copy of this order.
No order as to costs.
Sd/- JUDGE VM