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.1017 OF 2016 (MV) BETWEEN:
SRI.THIMMAIAH S/O RAJABHOVI AGED ABOUT 34 YEARS, R/O KANAKATTE, PADAVARAHALLI, VADDARA HATTI, ARASIKERE, HASSAN DIST. 576 201.
(BY SRI M.V.MAHESHWARAPPA, ADV.) AND:
1. ARAVIND S/O HEMANNA AGED ABOUT 35 YEARS, R/O IN FRONT OF VISL, HOSPITAL, NO.45, NEW COLONY, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 201 2. HEMANNA S/O BASAPPA AGED ABOUT 54 YEARS, R/O IN FRONT OF VISL, HOSPITAL, NO.45, NEW COLONY, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 201.
... APPELLANT 3. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., SHANKARMAT ROAD, SHIMOGA -577 201.
... RESPONDENTS (BY SRI.ARUN KUMAR, ADV. FOR R1 & R2;
SRI.H.N.KESHAVA PRASHANTH, ADV, FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.09.2014 PASSED IN MVC NO.605/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT VIII, SHIMOGA, 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 04th March, 2012, the claimant made claim petition before the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal-8, Shivamogga. The Tribunal, by its judgment and award dated 11th September 2014 passed in MVC No.605 of 2012 awarded compensation of Rs.37,500/- 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 further sum of Rs.40,000/- globally awarded in addition to what has been awarded by the Tribunal would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn