IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.L NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.6210 OF 2013 (MV) BETWEEN:
SRI.T.M.DASEGOWDA AGED ABOUT 50 YEARS, S/O.MUDDEGOWDA, R/AT GUNNAGERE VILLAGE, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR DIST. ... APPELLANT (BY SRI. MUSHTAQ AHMED, ADV.) AND:
1. MANOHAR SHETTY AGED ABOUT 69 YEARS, S/O NARAYANA SHETTY, R/AT KANAKAMGUTHU, UCHEELA POST, MATHUR, UDUPI DIST. – 373 681 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, LALBAGH TOWER, M.G.ROAD, MANGALORE - 03 REP. BY ITS MANAGER.
MANGALORE – 575 003 ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.01.2013 PASSED IN MVC NO.113/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MEMBER OF ADDITIONAL MACT, KUNIGAL, 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 20th October 2010, the claimant made claim petition before the Motor Accident Claims Tribunal, Bangaluru. The Tribunal, by its judgment and award dated 18th January 2013 passed in MVC No.113 of 2011 awarded compensation of Rs.30,000/- 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.40,000/- 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