IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.2710/2015 (MV) BETWEEN SRI. M.S. GIRISH S/O LATE SHIVALINGAIAH, AGED ABOUT 38 YEARS, R/AT NO.44, 3RD CROSS, MARUTHINAGAR, BAPUJINAGARA, BANGALURU-560026. ... APPELLANT (BY SRI. NAIK RAMACHANDRA RAMA, ADV.) AND 1. SRI. B. RADHAKRISHNA S/O LATE BYRAPPA, R/AT. NO.283, 2ND CROSS, AYYAPASWAMY TEMPLE ROAD, NEAR KAVERI CIRCLE 2ND STAGE, EBBAL, MYSURU-570017.
2. RELIANCE GEN. INS. CO. LTD., NO.28, EAST WING 5TH FLOOR, CENTENARY BUILDING, M G ROAD, BENGALURU 560001, BY ITS DIVISIONAL MANAGER. ... RESPONDENTS (BY SRI. ASHOK N PATIL, ADV. FOR R2, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.2.2015 PASSED IN MVC NO.4482/2012 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, 28TH ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 07.02.2015 passed by the II Addl. Small Causes Judge & XXVIII ACMM, Bengaluru in M.V.C No.4482/2012. The accident is of the year 2009.
2. It is the case of the appellant that he had suffered injuries in a motor vehicle accident occurred on 02.12.2009. The appellant had filed claim petition before the Tribunal. The Tribunal has assessed the disability to the extent of 5% and has awarded a compensation of Rs.1,39,894/- with interest at the rate of 6% p.a. Aggrieved by the same, the appellant has filed this appeal.
3. Learned counsels for both the parties have submitted that the appeal may be disposed by awarding a global compensation of Rs.35,000/- in addition to the compensation awarded by the Tribunal.
4. The submission of both the learned counsels is taken on record.
5. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.35,000/- in addition to the award made by the Tribunal, as submitted by the learned counsels.
6. The appellant is entitled for a global compensation of Rs.35,000/- without interest in addition to the compensation awarded by the Tribunal.
Accordingly, the appeal stands disposed of.
CT-HR Chs* Sd/- JUDGE