IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY M.F.A. No.6927/2016 [MV] BETWEEN :
SRI PRAKASH S/O GOVIND SWAMY AGE 48 YEARS, OCC WELDER R/AT NO.8/2, 3RD CROSS, MANJUNATHNAGAR, MAGADI ROAD BENGALURU 560023. .. APPELLANT (By Sri SURESH M LATHUR, ADVOCATE) AND 1. SRI B R PRADEEP S/O RAJANARASIMHASHETTY M/S SLR TRAVELS INDIRANAGAR, HULIYAR POST, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT 571604 2. THE REGIONAL MANAGER IFFCO TOKIO GEN INS COM LTD NO.41, CHRISTE COMPLEX, 2ND FLOOR, LAVELLE ROAD, NEXT TO MANDOVI MOTORS BENGALURU 560001 3. M/S NAMAKKAL TRANSPORT CARRIERS PVT LTD NEW NO.97, OLD NO.47, LINGI CHETTY STREET, CHENNAI 600001 4. THE REGIONAL MANAGER BAJAJ ALLIANCE GENERAL INSURANCE CO LTD NO.31, T B R TOWER ADJACENT TO JAIN COLLEGE BENGALURU STOCK EXCHANGE J C ROAD, BENGALURU 560002. .. RESPONDENTS (By Sri D S SRIDHAR, ADVOCATE FOR R2, Sri E I SANMATHI, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.8.2016 PASSED IN MVC NO.3237/2013 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, 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 awarded in the judgment and award dated 2.8.2016 passed in MVC No.3237/2013 on the file of the 21ST ACMM, 23RD Additional Small Causes Judge, MACT, Court of Small Causes, Bengaluru.
2. It is the case of the appellant that he has sustained fracture upper 1/3rd right leg and fracture of left leg foot 1 and 2 metatarsal and other grievous injuries all over the body in a motor cycle accident occurred on 14.3.2013. The Tribunal has awarded a compensation of Rs.1,80,759/-. Being aggrieved by the same, the claimant has preferred this appeal for enhancement.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.
4. The leaned counsel for the respondents sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard the learned counsel appearing 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 and in terms of the submissions made by both the parties, I am inclined to award a global compensation of Rs.55,000/-.
6. Hence, the appeal is allowed in part. The judgment and award dated passed in MVC No.3237/2013 on the file of the 21ST ACMM, 23RD Additional Small Causes Judge, MACT, Court of Small Causes, Bengaluru, stands modified. The appellant is entitled for global compensation of Rs.55,000/- without interest in addition to the compensation awarded by the Tribunal.
Bkm.
Sd/- JUDGE