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.4857 OF 2016 (MV) BETWEEN:
SMT. SUMATHI W/O KODANDA RAMA, AGED ABOUT 37 YEARS, R/AT NO.4,5TH, D CROSS, ABBAIAH REDDY LAYOUT, KAGGADASAPURA, C.V.RAMAN NAGAR, BANGALORE – 560 093 ... APPELLANT (BY SMT. BHUSHANI KUMAR, ADV.) AND:
1. SRI.KODANDA S/O S JAGANNATHAN, MAJOR IN AGE R/AT NO.35, 3RD MAIN, NAGAPPA REDDY LAYOUT, KAGGADASAPURA, C.V.RAMAN NAGAR, BANGALORE – 560 093 2. IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED SRI.SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, NO.141, EAST NGEF LAYOUT, KASTHURINAGAR, BANGALORE EAST, REP BY : ITS BRANCH MANAGER ... RESPONDENTS (BY SRI.E I SANMATHI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.03.2016 PASSED IN MVC NO.527/2015 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXIV ACMM, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, 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 The learned counsel for the appellant seeks leave of the court to dispense Notice to respondent No.1. Submission accepted. Notice to respondent No.1 dispensed with.
2. For the injuries suffered in the road traffic accident on 27th January 2015, the claimant made claim petition before IX Additional Small Causes and Additional Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment and award dated 01st March 2016 passed in MVC No.527 of 2015 awarded compensation of Rs.2,02,802/- with interest at 8% 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.36,000/- 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