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.3846 OF 2016 (MV) BETWEEN:
SRI.LOKESH M R AGED ABOUT 19 YEARS S/O RAMACHANDRA M.C.
R/AT MAYANAYAKANAHALLI, KALYA POST, MAGADI TALUK RAMANAGARA DISTRICT – 562 120 ... APPELLANT (BY SRI.R.LAKSHMANA, ADV.) AND:
1. NAGARAJA S/O JAVAREGOWDA R/AT NO.3201/8727 4TH MAIN ROAD, KAVERIPURA, BANGALORE – 560 079 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD. BY ITS MANAGER NO.41, 2ND FLOOR, CRISTU COMPLEX, NEAR MANDOVI MOTORS LAVELLE ROAD, BANGALORE – 01 ... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R2;
NOTICE TO R1 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:02.02.2016 PASSED IN MVC NO.517/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, & XXVIII ACMM, MACT, 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 Notice to respondent No.4 dispensed with. Submission accepted.
2. For the injuries suffered in the road traffic accident on 30th October, 2013, the claimant made claim petition before the Motor Accident Claims Tribunal, Bengaluru. The Tribunal, by its judgment and award dated 02nd February, 2016 passed in MVC No.517 of 2014 awarded compensation of Rs.2,61,565/- 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