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 M.F.A. No.1698/2015(MV) BETWEEN :
Sri. Manohar Holla, S/o Balkrishna Holla, Aged about 22 years, R/o. Raagi Gedde, Balahole Village, Bannadi Post, Kalasa Taluk, Chikkamagalore District 577 124. (By Sri. Nagaraja Hegde, Advocate) AND :
1. Sri Santosh Devadiga, S/o. Ananda Devadiga, Aged about 30 years, R/o. Mathrushakthi, Near Here Mahalingeshwara Temple, Giliyar Village, Kota Post, Udupi Taluk & Dist. – 576 101.
2. The Untied India Insurance Co. Ltd., Division Office, Udupi, Udupi Taluk, ... Appellant Udupi Dist. – 576 201.
3. Univarsal Sampo General Insurance Co. Ltd., Reg. Office 201-208, Crystal Plaza, Opp: Infinity Malla Link Road, Antheri West, Mumbai – 400 058.
…Respondents (By Sri. D. Vijaya Kumar, Advocate for R2;
Sri. H.N. Keshava Prashanth, Advocate for R3; R1 – Served) This M.F.A. is filed under Section 173(1) of M.V. Act against the Judgment and Award dated 18.10.2014 passed in MVC No.790/2012 on the file of the Senior Civil Judge and Member, Additional MACT, Kundapura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A. coming on for Orders, this day, the Court delivered the following:
J U D G M E N T Heard the submission of both the learned counsel and their submission is recorded.
2. The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 18.10.2014 passed by the Court of the Senior Civil Judge and Additional Motor Vehicle Accident Claims Tribunal at Kundapura in MVC No. 790/2012.
3. It is the case of the appellant that on 22.02.2012 at about 9:30 p.m. when the appellant was riding his motor cycle bearing Reg. No.KA-20 V-8286 from Kota High School towards Saligrama Side on NH-
66 slowly, when he reached a place in front of Hotel Narthaki, at that time, the first respondent in his motor cycle bearing Reg. No.KA20 Y-9871 came in a rash and negligent manner without observing the traffic rules, caused the accident. Due to that, the appellant fell down on the road along with his motor cycle and sustained injuries such as Comminuted compound fracture left femur, 2 cm X 3 cm cut lacerated wound over left knee. The Tribunal has awarded a compensation of Rs.4,36,880/-. Aggrieved by the same, this appeal is filed.
4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.
5. The learned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. I have heard learned counsel for both sides.
The compensation awarded under all the heads seems to be little meager. Looking to the nature of the injuries sustained by the appellant, I am inclined to award a global compensation of Rs.50,000/-.
7. Hence, the appeal is allowed in part. The appellant is entitled for global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.
VBS Sd/- JUDGE