IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.330 OF 2013 (MV) BETWEEN:
SRI.MURTHY J S/O H S JAVARAIAH AGED ABOUT 45 YERS R/AT # 378 HPO & RMS LAYOUT SHAKTHI NAGAR MYSORE – 570 019 ... APPELLANT (BY SRI.PRATHEEP K C, ADV.) AND:
1. M.P.NEELAPPA AGED 66 YEARS 2. NEELAMMA @ NEELAMBIKA AGED ABOUT 56 YEARS BOTH ARE RESIDING AT D NO. 730, HALEKADA JETTI, NANJANGUD TALUK, MYSORE DISTRICT - 67 R1 AND R2 ARE LRS OF DECEASED DRIVER CUM OWNER OF THE VEHICLE HYUNDAI VERNA BEARING REG. NO.KA-01-MD-7384 3. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. BRANCH OFFICE, RAMVILAS ROAD NEAR MARI MALLAPPA COLLEGE MYSORE - 54 REP. BY ITS BRANCH MANAGER ... RESPONDENTS (BY SRI.O.MAHESH, ADV. FOR R3; NOTICE TO R1 & R2 ARE DISPENSED WITH V/O DTD:16.4.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:6.9.2012 PASSED IN MVC NO.271/2012 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-2, MEMBER ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is by the claimant challenging the judgment and award dated 06th September 2012 passed in MVC No.271 of 2012 by the Presiding Officer, Fast Track Court-2, Member Additional Motor Accident Claims Tribunal, Mysore by which a compensation of Rs.1,59,323/- came to be awarded. The claimant is before this Court seeking enhancement in the compensation.
2. Heard the learned counsel for the appellant and gone through the judgment of the Tribunal. The Tribunal in the course of its judgment at paragraph 21 has observed that, the petitioner was working as a Clerk in Karnataka Bank and was earning a sum of Rs.29,200/- per month. These documents prove along that he is the bank employee. Further, at paragraph 22 of the judgment has observed that, the claimant has also got one increment after the accident. Under such circumstances it is clear that whatever the assessment of the disabilities made by PWs.4 and 5 has not affected the earning capacity. We do not find any good grounds to interfere in the matter. Appeal accordingly stands dismissed.
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ACTING CHIEF JUSTICE lnn Sd/- JUDGE