IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.5958 OF 2013 (MV) BETWEEN:
SRI. SHIBU THOMAS S/O M.P.THOMAS AGED 39 YEARS R/A NO.277, 6TH MAIN ROAD VIVEK NAGAR, BANGALORE – 47 (BY SMT.GAYATRI RAVISHANKAR, ADV.) AND:
1. THE GENERAL MANAGER IFFCO TOKIO GEN. INS. CO. LTD., 41, 2ND FLOOR, CHRISTU COMPLEX NEAR MANDOVI MOTORS LAVELLE ROAD, BANGALORE – 38.
2. SRI.NAGARAJA K.B. S/O BAICHAPPA 12/1, 6TH MAIN MARUTHI NAGARA SRIRAMAPURA BANGALORE – 560 021 (BY SRI.B.PRADEEP, ADV. FOR R1;
... APPELLANT ... RESPONDENTS APPEAL AGAINST R-2 IS DISMISSED V/O DTD:10.08.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.01.2013 PASSED IN MVC NO.8966/2010 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, 28TH ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident on 14th November 2010, the claimant made claim petition before the Motor Accident Claims Tribunal, Bangaluru. The Tribunal, by its judgment and award dated 29th January 2013 passed in MVC No.8966 of 2010 awarded compensation of Rs.1,16,000/- with interest at 6% per annum. This appeal is preferred, seeking enhancement in the compensation.
2. I have heard the learned counsel for the parties and perused the impugned judgment and award. Considering the facts and circumstances and the injuries suffered by the claimant awarding a sum of Rs.35,000/- globally in addition to what has been awarded by the Tribunal would meet the ends of justice. Accordingly the same is awarded. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn