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 MISCELLANEOUS FIRST APPEAL NO.7659 OF 2014 (MV) BETWEEN:
SUBRAMANYA S AGED ABOUT 39 YEARS, S/O RAMAKRISHNA SHERIGAR, R/O BADA BYNDOOR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT ... APPELLANT (BY SMT.JAYANTHI.S, ADV.) AND:
1. SUBRAMANYA POOJARY AGED ABOUT 29 YEARS, S/O LATE NAGAPPA POOJARY, R/O BUKKIHITHLU, YEDTHARE VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 201 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., RAGHAVA KRISHNA COMPLEX, K.C. ROAD, BELLARY – 583 101 3. SHIVARAMA SHETTY (MAJOR) S/O NARAYANA SHETTY NO. 3797, 6TH CROSS, 2ND MAIN ROAD, GAYATHRI ROAD, BANGALORE - 560 021 4. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SORRENTO BUILDING, NO.6, 1ST FLOOR, LATTICE BRIDGE ROAD, ADYAR, CHENNAI – 600 020 ... RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2;
NOTICE TO R1 & R3 ARE DISPENSED WITH V/O DTD:09.02.2015;
NOTICE TO R4 IS DISPENSED WITH V/O DTD:08.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:3.5.2014 PASSED IN MVC NO.184/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T There is a delay of 106 in filing this appeal. IA.I of 2014 is filed seeking condonation of delay. Accepting the cause shown in the affidavit accompanying the application, IA.I of 2014 allowed. Delay of 106 days caused in filing is condoned. Notice to respondent No.4 dispensed with. Submission accepted.
2. For the injuries suffered in the road traffic accident on 12th December 2009, the claimant made claim petition before the Motor Accident Claims Tribunal, Kundapura. The Tribunal, by its judgment and award dated 03rd May 2014 passed in MVC No.284 of 2010 awarded compensation of Rs.1,66,750/- with interest at 6% per annum. This appeal is preferred, seeking enhancement in the compensation.
3. 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.50,000/- 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. Further, the order passed by the Tribunal as regards pay and recovery, stands confirmed. Amount, if any, in deposit be transmitted to the Tribunal forthwith.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn