IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.8387 OF 2016 (MV) BETWEEN:
SRI.KUMAR K N S/O NANJAPPA, AGED ABOUT 48 YEARS, R/AT NO.149, DASARA BEEDI, ADEPETE, NELAMANGALA, BANGALORE RURAL DISTRICT – 562 123 ...APPELLANT (BY SRI.SHIVAKUMAR P, ADV.) AND:
1. IFFCO TOKYO GENERAL INSURANCE CO. LTD. REGIONAL OFFICE, NO.8, III MAIN, SHANTTU TOWERS, V FLOOR, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU REP. BY ITS MANAGER 2. SRI SHANMUGAM S/O RAJU M, NO.534, ANJANEYA TEMPLE ROAD, PIPE LINE ROAD, YESHWANTHPUR, BENGALURU – 560 022 ... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.01.2016 PASSED IN MVC NO.2983/14 ON THE FILE OF THE 1ST ADDITIONAL SMALL CAUSES JUDGE & 27TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T There is a delay of 215 in filing this appeal. IA.I of 2016 is filed seeking condonation of delay. Accepting the cause shown in the affidavit accompanying the application, IA.I of 2016 allowed. Delay of 215 days caused in filing the appeal is condoned. A memo has been filed by the learned counsel for the appellant seeking dispensation of notice to respondent No.2. Notice to respondent No.2 dispensed with. Memo is taken on record.
2. For the injuries suffered in the road traffic accident on 02nd April 2014, the claimant made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 25th January 2016 passed in MVC No.2983 of 2014 awarded compensation of Rs.60,000/- with interest at 6% per annum. This appeal is preferred, seeking enhancement in the compensation.
3. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding further sum of Rs.50,000/- globally awarded in addition to what has been awarded by the Tribunal would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn