IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.9674/2017 [MV] BETWEEN:
SRI MUBARAK S/O MEHABOOB NOW AGED ABOUT 18 YEARS R/AT HONNENAHALLI MANCHANABELE CHICKABALLAPUR – 562 101 ... APPELLANT (BY SMT. KAMALA D.K. ADV.) AND:
1. IFFCO TOKIO GEN INS CO LTD SRI SHANTHI TOWER, 5TH FLOOR NO-141, 3RD MAIN , EAST TO NGEF LAYOUT KASTURINAGAR, BANGALORE – 560 068 2. SRINIVAS S R S/O RAMACHANDRAIAH S T NO-1543, NEW NO-2744 HEMAVATHI PETE, D B PURA TOWN BANGALORE RURAL DISTRICT – 560 101 ... RESPONDENTS (BY SRI H N KESHAVA PRASHANTH ADV. FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DT.8.3.19) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.05.2017 PASSED IN MVC NO.3385/2016 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE, 7 XXXII ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, 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 The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 31.05.2017 passed by the VII Addl. SCJ & XXXII ACMM Member, M.A.C.T-3 in MVC No.3385/2016.
2. It is case of the appellant that he has sustained grievous injuries in a Road Traffic Accident occurred on 29.02.2016. The Tribunal has awarded a total compensation of Rs.1,10,472/-. Aggrieved by the same he is before this Court in this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondent- insurance sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. The appellant has suffered fracture of right Tibia Type III-B, fracture of right fibula, multiple abrasion and other bodily injuries.
6. Heard the learned counsel for the parties.
7. 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 on lower side. Hence, I am inclined to award a global compensation of Rs.75,000/-.
8. Accordingly, the appeal is allowed in part.
The appellant is entitled for a global compensation of Rs.75,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/-
ACTING CHIEF JUSTICE HR