IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.3749 OF 2010 (MV) BETWEEN:
SRI MAHESH MINOR AGED ABOUT 17 YEARS S/O RAMANNA GOWDA REP. BY NATURAL GUARDIAN FATHER NEXT FRIEND, RAMANNA GOWDA AGED ABOUT 44 YEARS S/O KORAGAPPA GOWDA R/O THAMBUTHADKA HOUSE R/AT SARVE VILLAGE & POST PUTTUR TALUK & D.K. DISTRICT.
... APPELLANT (BY SRI S. VISHWAJITH SHETTY, ADVOCATE) AND:
1. RATHNA RAI W/O GANGADHARA RAI AGED ABOUT 51 YEARS R/AT BELIKKALAMATE HOUSE KEYYUR VILLAGE MADAVU POST PUTTUR TALUK, D.K.
2. THE MANAGER UNITED INDIA INSURANCE CO. LTD. PUTTUR BRANCH OFFICE MAIN ROAD, PUTTUR TALUK D.K. DISTRICT.
... RESPONDENTS (BY SRI P. UDAYA SHANKAR RAI, ADVOCATE FOR R1 SRI SRISHAILA, ADVOCATE FOR R2) ---
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2009 PASSED IN MVC NO.819/2006 ON THE FILE OF THE MEMBER, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant suffered injuries in an accident that took place on 06.11.2005, when he along with other persons were traveling in the Maxi Cab Tempo bearing registration No.KA-21 4655 towards B.C. Road to Kateel on Bangalore-Mangalore N.H.48 at about 8.45 a.m.
3. On account of the accident, the appellant has suffered injuries as per Ex.P-2-wound certificate. He has produced medical bills as per Ex.P-7. Considering the nature of injuries, the Tribunal has awarded a total compensation of Rs.22,200/-. Dissatisfied with the meager amount of compensation awarded by the Tribunal, the appellant is before this Court.
4. I have heard learned counsel for the parties and gone through the papers made available.
5. Learned counsel for the appellant submits that the compensation awarded under the head medical expenses is on the lower side and the Tribunal has erred in rejecting the medical bills on the ground that they are from Kidney foundation. Hence, he seeks for enhancement of compensation.
6. Learned counsel for the respondent submits that the compensation awarded by the Tribunal is just and proper and no ground is made out for interference. Hence, the appeal may be dismissed.
7. Having heard learned counsel for the parties and having gone through the records, I am of the view that if a sum of Rs.35,000/- is awarded as global compensation, it would meet the ends of justice.
8. Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified. The appellant is entitled to global compensation of Rs.35,000/-, in addition to what has been awarded by the Tribunal.
The entire amount is ordered to be released in favour of the appellant.
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ACTING CHIEF JUSTICE ca