IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4686/2015 (MV) BETWEEN:
SMT.T.LALITHA W/O THIRUMALA REDDY, AGED ABOUT 43 YEARS, 1ST CROSS, OPP. T KRISHNA SCHOOL, K.R PURAM, CHIKKADEVASANDRA, BANGALORE – 560 036 ... APPELLANT (BY SRI.GANESH G G , ADV.) And:
1. NAZEEBULLA SHERIFF MANAGING PARTNER, STAR LOGISTICS, NO.10,2ND MAIN ROAD, YADAVAGIRI, MYSORE – 570 020 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.363, SHRI.HARI COMPLEX, SEMA VILAS ROAD, MYSORE ... RESPONDENTS (BY SRI.H S LINGARAJ, ADV. FOR R2; R-1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.03.2014 PASSED IN MVC NO.3091/2012 ON THE FILE OF THE XXII ADDL. SMALL CAUSES JUDGE AND MEMBER MACT, BANGALORE. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident that took place on 27th April 2012, the injured made claim petition before the Motor Accident Claims Tribunal at Bangalore. The Tribunal, after considering the case of the parties, awarded the compensation of Rs.1,05,500/-. Being aggrieved by the compensation awarded the appellant is before this court seeking enhancement in the compensation.
2. Heard the learned counsel for the parties and gone through the award of the Tribunal. The Tribunal has considered the material placed before it and awarded a compensation of Rs.1,05,500/-. The same cannot be said to be on the lower side. Be that as it may, in the facts and circumstances of the case, and considering the nature of injuries suffered by the appellant, awarding of another global compensation of Rs.75,000/-, would meet the ends of justice. Accordingly it is awarded. It is made clear that the enhanced amount does not carry any interest. Appeal is allowed in part.
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ACTING CHIEF JUSTICE lnn