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.7236 OF 2015 (MV) BETWEEN:
SRI.M.RUKMAYYA S/O LATE M.B.GOWDA, AGED ABOUT 68 YEARS, R/O SHREE RAMPRASAD, JAIHIND ROAD, MANKISTAND MARNAMIKATTE, MANGALORE D.K. – 572 001. ...APPELLANT (BY SRI.VISHWAJITH SHETTY S, ADV.) AND:
1. SRI.VAISHAK S/O MANMOHAN RAI, AGED ABOUT 22 YEARS, R/O SIR.KRISHNA NILAYA, BULERIKATTE HOUSE, BALNADU VILLAGE, PUTTUR TALUK, D.K. – 574 201.
2. SRI.SHYAMJEETH S/O DERANNA RAI, AGED ABOUT 35 YEAS, R/O PAPANADKA HOUSE, IRDE VILLAGE, PUTTUR TALUK, D.K. - 574201.
3. THE BRANCH MANAGER BRANCH OFFICE, IFFCO TOKIO INSURANCE SERVICES, 3RD FLOOR, LALBAGH TOWER, M.G.ROAD, MANGALORE D.K. 572 001. ...RESPONDENTS (BY SRI.D.VIJAYAKUMAR, ADV. FOR R3; R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.06.2015 PASSED IN MVC NO.1395/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, DAKSHINA KANNADA, 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 Submission accepted. Notice to Respondent No.1 dispensed with.
2. For the injuries suffered in the road traffic accident on 20th February 2013, the claimant made claim petition before the Motor Accident Claims Tribunal, Mangalore. The Tribunal, by its judgment and award dated 29th June, 2015 passed in MVC No.1395 of 2013 awarded compensation of Rs.2,61,000/- 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. Amount, if any, in deposit be transmitted to the Tribunal forthwith.
Appeal is allowed in part.
Shri D. Vijayakumar the learned counsel is permitted to file his memo of appearance before the respondent within a period of eight weeks.
Sd/-
ACTING CHIEF JUSTICE lnn