IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.5272/2017 (MV) BETWEEN:
SRI SWAMYGOWDA D S S/O SRI. SHIVANANJEGOWDA, AGED ABOUT 42 YEARS R/AT NO.108, 1ST GROUP, 4TH CROSS, KHB COLONY, MYSURU DIST – 570 012.
... APPELLANT (BY SRI.MAHADEVA SWAMY P, ADV.) AND:
1. P JUNU GANAPATHI AGED ABUT 59 YEARS R/AT NO.208, DEFENCE COLONY, INDRANAGAR, 3RD MAIN, 5TH CROSS, BENGALURU – 560 038.
2. THE MANAGER UNITED INDIA INSURANCE CO, LTD., NO.442/314, 2ND FLOOR, ADJACENT TO RAMASWAMY CIRCLE, CHAMARAJA DOUBLE ROAD, CHAMARAJA MOHALLA, MYSURU-43.
... RESPONDENTS (BY SRI.D.VIJAYA KUMAR, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.12.2016 PASSED IN MVC NO.906/2015 ON THE FILE OF THE JUDGE, PRINCIPAL SMALL CAUSES AND MACT AT MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T There is a delay of 28 days in filing the appeal. IA.I of 2017 is filed seeking condonation of delay. Considering the cause shown in the affidavit filed in support of the application, IA.I of 2017 is allowed. Delay in filing appeal is condoned.
2. Shri D. Vijayakumar, the learned counsel is directed to take notice for the second respondent-United India Insurance Company Limited.
3. The appellant herein is the petitioner in MVC No.906 of 2015 on the file of Motor Accident Claims Tribunal, Mysuru. For having suffered injuries in the road traffic accident on 01st April 2015, he made claim petition before the Tribunal seeking compensation. The Tribunal awarded compensation of Rs.1,24,702/-. Being not satisfied with the compensation amount, the appellant is before this Court in this Appeal.
4. The learned counsel appearing for the claimant- appellant submits that Tribunal has erred in taking the income of the claimant at Rs.6,000/- per month though it was claimed before the Tribunal that the claimant was earning Rs.30,000/- per month. He further submits that the compensation awarded on the other heads is also lower in side and seeks enhancement in the compensation.
5. Heard the learned counsel for the appellant. After considering all aspects of the matter and also after going through the medical records and evidence adduced, the Tribunal has awarded the compensation of Rs.1,24,702/- with interest at 6% per annum. The Tribunal has assessed the income of the claimant at Rs.6,000/- per month in the absence of any documentary proof produced to that effect. The Tribunal has also awarded compensation under different heads and also has awarded Rs.22,582/- for which medical bills were produced. Though, the compensation awarded by the Tribunal does not require interference, , suffice it if a global amount of Rs.25,000/- is awarded to meet the ends of justice. Accordingly it is awarded.
Shri D. Vijayakumar, the learned counsel is permitted to file his memo of appearance within eight weeks from today.
lnn Sd/- JUDGE