IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT MFA No.5497 OF 2018 (MV) BETWEEN SRI RAVI K.R S/O RAJE GOWDA AGED ABOUT 41 YEARS R/AT KADABAHALLI MANDYA – 571 418 ... APPELLANT (BY SRI SHIVAKUMAR P., ADVOCATE) AND THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHINAGARA BENGALURU – 560 027 ... RESPONDENT (BY SRI K.NAGARAJ, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.03.2018 PASSED IN MVC NO.2245/2017 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETIITON FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal by the claimant lays a challenge to the judgment and award dated 27.03.2018 whereby the MACT (SCCH-23) at Bengaluru having favoured the claim petition in MVC No.2245/2017, has awarded a compensation of Rs.1,16,259/- with interest at the rate of 6% p.a. After service of notice, the respondent-KSRTC having entered appearance through its senior panel counsel opposes the appeal.
2. The only point urged by the learned counsel for the claimant is as to not awarding any compensation under the head “loss of amenities” although the Tribunal has awarded a sum of Rs.35,000/- as compensation under the head “pain and sufferings”, banking on which learned counsel for the respondent-KSRTC argues that appeal is unworthy of consideration.
3. Having heard the learned counsel for the parties and having perused the appeal papers, this Court is of the considered opinion that the MACT ought to have awarded some reasonable amount by way of compensation for loss of amenities. Regard being had to all facts and circumstances of the case, a compensation of Rs.35,000/- is awardable under this head.
In the above circumstances, this appeal marginally succeeds; the impugned judgment and award have been modified by enhancing the compensation from Rs.1,16,259/- to Rs.1,51,259/-; all other terms and conditions of the award having been left intact.
The respondent-KSRTC to make with the deficiency within six weeks.
LCR to be sent back to the MACT forthwith. No costs.
Sd/- JUDGE KTY