IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A. NO. 2898/2016(MVC) BETWEEN;
SRI. MANJUNATH, S/O. MAILARASHETTY, AGED ABOUT 47 YEARS, RESIDENT OF NARASIMHA NAYAKA NAGARA, KENCHIGARA BEEDHI, HOLENARASIPURA TOWN - 573 211, PRESENT ADDRESS:
C/O. RUDRAMURTHY, 2ND CROSS, NEAR MISSION HOSPITAL, HASSAN DISTRICT - 573 201.
... APPELLANT (By SRI. CHETHAN B., ADVOCATE) AND:
1. SRI. M. P. THIMMEGOWDA, S/O. LATE PUTTEGOWDA, MAJOR, RESIDENT OF PETE MANCHAGOWDANAHALLI, ARKALGUD TALUK - 573 102 HASSAN.
2. THE MANAGER UNIVERSAL SAMPO GENERAL INSURANCE CO LTD., UNIT 401, 4TH FLOOR, SANGAM COMPLEX, 127 ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI – 400 059.
... RESPONDENTS (By SRI. H. N. KESHAVA PRASHANTH, ADV. FOR R.2, R.1- SERVED & UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2016 PASSED IN MVC NO.693/14 ON THE FILE OF THE MEMBER, ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The claimant aggrieved by the quantum of compensation awarded by the Tribunal has preferred this appeal seeking enhancement of compensation.
2. Heard Sri. Chethan B, learned counsel appearing for the appellant/claimant and Sri. H.N. Keshava Prashanth, learned counsel appearing for respondent No.2/insurer.
3. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 24.02.2014 due to rash and negligent driving of the Bolero Goods vehicle bearing registration No.KA-14-B-3730 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. Learned counsel appearing for the claimant and learned counsel appearing for the insurer of the offending vehicle, after going through the judgment and award including the records of the Tribunal would fairly submit that the compensation awarded by the Tribunal may be enhanced globally by another sum of Rs.90,000/- without interest.
5. Their submission is placed on record.
6. Accordingly, the appeal is allowed-in-part.
The judgment and award dated 18.03.2016 passed by the Additional Senior Civil Judge and Addl. MACT, Hassan, in MVC No.693/2014 stands modified. The claimant is entitled for an additional global compensation of Rs.90,000/- without interest.
7. The Insurance Company/respondent No.2 is directed to deposit the additional global compensation amount within four weeks from the date of receipt of a copy of this judgment. Enhanced compensation amount is ordered to be released in favour of the claimant immediately after the deposit.
No order as to costs.
PMR SD/- JUDGE