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.485/2016 [MV] BETWEEN :
1. SRI NAVEENKUMAR S/O LATE NARASIMHAIAH AGED ABOUT 28 YEARS 2. SMT.SUNITHADEVI D/O LATE NARASIMHAIAH AGED ABOUT 27 YEARS 3. SRI RAVIKUMAR S/O LATE NARASIMHAIAH AGED ABOUT 24 YEARS ALL ARE R/O HOSHALLI VILLAGE KORA HOBLI, TUMKUR TALUK AND TUMKUR DISTRICT – 572 128. ...APPELLANTS (BY SRI V B SIDDARAMAIAH, ADV.) AND :
1. THE IFKO TOKO GENERAL INSURANCE CO. LTD NO.41, 2ND FLOOR, CRISRU COMPLEX LAVELLE ROAD BANGALORE – 560 001 REPRESENTED BY ITS BRANCH MANAGER 2. SRI KHIMIJI M PATEL S/O M S PATEL AGED ABOUT 52 YEARS R/O KHODIYAR NIVAS, 4TH CROSS SADASHIVANAGARA TUMKURU – 572 102. …RESPONDENTS (BY SRI H N KESHAVA PRASHANTH , ADV., FOR R1; VIDE ORDER DATED 27.10.2016 NOTICE TO R2 IS DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2015 PASSED IN MVC NO.1410/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, AND MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T There is delay of 11 days in filing the appeal. For the reasons stated in the I.A.1/2016, the delay is condoned.
2. The appellants have filed this appeal seeking enhancement of compensation against the Judgment and Award dated 03.10.2015 passed by the I Addl. District and Sessions Judge and MACT, at Tumkur in MVC No.1410/2014.
3. It is the case of the appellants that on 02.06.2009, the mother of the appellants Yashodamma was traveling in an auto rickshaw and when the auto rickshaw reached Beladara at about 1.30 p.m. a truck came in a rash and negligent manner and dashed against the auto rickshaw, as a result the mother of the appellant sustained grievous injuries and she was shifted to government hospital, Tumkuru and later on shifted to NIMHANS hospital, Bangalore and she succumbed to the injuries on 04.06.2009. Hence, the LR’s of the deceased have filed this appeal. The tribunal has awarded a compensation of Rs.6,96,120/-.
4. The learned counsel for the appellants submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
5. The leaned 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 the sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads though seems to be proper, I think if global compensation of Rs.25,000/- is awarded, the interest of justice would be met.
7. Accordingly, the appeal is allowed in part.
The appellants are entitled for a global companion of Rs.25,000/- without interest in addition to the compensation awarded by the Tribunal.
NM/-
Sd/-
JUDGE