IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHEF JUSTICE M.F.A. NO.3300 of 2014 (MV) BETWEEN:
SYED SOHIB @ SHAHIB @ SAI SHAHIBA, S/O SYED KHADAR AGED ABOUT 48 YEARS, COOLIE WORK R/AT KAREKAL DIBBA HOLALKERE TOWN, HOLALKERE TALUK CHITRADURGA – 577 526 ... APPELLANT (BY SRI.SURESH M.R., ADV.) AND:
1. MANJUNATHA S.M. S/O NAGARAJAPPA OWNER OF MARUTHI OMNI NO.KA-17-N 5718 R/O NO.92, SOGILU SOULANGA (P.O) HONNALI TALUK DAVANAGERE DISTRICT-577601 2. THE MANAGER LEGAL IFFCO-TOKIYO GENERAL INSURANCE CO. LTD., NO.141, 5TH MAIN, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BANGALORE – 560 043 PY.NO.88020114 VALID FROM 17-11-2011 TO 16-11-2012 ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.01.2014 PASSED IN MVC NO.141/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, HOLALKERE 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 08th November 2012, the claimant made claim petition before the Motor Accident Claims Tribunal, Holalkere. The Tribunal, by its judgment and award dated 13th January 2014 passed in MVC No.141 of 2013 awarded compensation of Rs.50,000/- 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.50,000/- 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