IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.8982/2015[MV] BETWEEN :
SRI. NASIR KHAN, S/O LATE GOUSE KHAN @ BAUKS KHAN, AGED ABOUT 53 YEARS, R/O NO.11, S.P.ROAD, MANDISIDDA RAMANNA LANE, BENGALURU – 560002.
(BY SRI. SHRIPAD V. SHASTRI, ADV.) AND :
1. SRI. R. ETHIRAJU, S/O RENGARAJAN C. R/O NO. 5/267, TEACHERS COLONY, VIRAGANOOR, MADURAI, TAMILNADU – 625009.
2. THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO. 141, 4TH FLOOR, SHANTHI TOWERS, 3RD MAIN, KASTHURI NAGAR, BANGALORE – 560043.
BY ITS MANAGER.
... APPELLANT …RESPONDENTS (BY SRI. H.N. KESHAVA PRASHANTH, ADV. FOR R2.
V/O DATED 27/3/2017 R1 NOTICE D/W.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2015 PASSED IN MVC NO. 5646/2014 ON THE FILE OF IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAZUSES, MEMBER, MACT-7, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR HEARING, 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 11.09.2015 passed by the IX Addl. Small Causes and Addl. MACT, Bangalore (SCCH-7) in MVC No.5646/2014.
2. The appellant has sustained grievous injuries on account of the motor vehicle accident occurred on 15.12.201. The appellant had filed claim petition seeking compensation. The Tribunal has awarded a compensation a sum of Rs.2,02,271/-. Aggrieved by the same, the appellant has filed this appeal.
3. The learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads are on the lower side and sought enhancement of compensation.
4. The learned counsel for the respondents sought to dismiss the appeal.
5. I have head leaned counsel for both sides and perused the Judgment and Award passed by the Tribunal. Looking to the nature of injuries sustained by the appellant and treatment to the appellant and considering that the Tribunal has awarded meager amount towards conveyance charges, attendant charges, I am inclined to grant global compensation of Rs.75,000/- without interest in addition to the compensation awarded by the Tribunal. The appeal is allowed in part.
Sd/- JUDGE Nm