IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.1232/2015(MV) BETWEEN:
SRI.VINAY G S/O GOPALAIAH B A AGED ABOUT 34 YEARS R/A NO.166, BHUVANESHWARINAGAR 3RD MAIN, T DASARAHALLI BANGALORE – 560 051 ... APPELLANT (BY SRI.SHIVAKUMAR P, ADV.) AND:
1. RELIANCE GENERAL INSURANCE CO. LTD., 2ND FLOOR, S M TOWER 11TH MAIN, 3RD BLOCK JAYANAGAR BANGALORE – 560 011 REP. BY ITS MANAGER 2. SRI M D SADIQULLA S/O ABDUL GAFFER R/A NO.444, RENUKANAGAR NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562 123 ... RESPONDENTS (BY SRI D.VIJAYAKUMAR, ADV. FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.10.2014 PASSED IN MVC NO. 3994/2013 ON THE FILE OF THE MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Shri D. Vijayakumar, the learned counsel is directed to take notice for the first respondent-Insurance Company.
2. The appellant in this appeal is challenging the order dated 27th October 2014 passed in MVC No.3994 of 2013 passed by the Motor Accident Claims Tribunal, Bangalore and the prayer is for enhancement in compensation.
3. Heard the learned counsel for the parties and gone through the order. The Tribunal, after considering the documents placed before it and also after recording evidence, and also in view of the fact that the claimant has not proved the income, has awarded the compensation of Rs.7,000/- per month. Though the compensation awarded by the Tribunal, in the facts and circumstances of the case is just and proper, I am of the view that suffice it that globally another Rs.25,000/- is awarded, it would meet the ends of justice.
Accordingly it is awarded. The enhanced compensation does not carry any interest. Appeal accordingly stands disposed of.
Shri D. Vijayakumar, the learned counsel is permitted to file his memo of appearance within a period of eight weeks.
lnn Sd/- JUDGE