IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MFA NO.7288 OF 2015 (MV) BETWEEN:
Thippaiah .B S/o Bharamappa, Aged about 65 years, Mylaralingeswara Nilaya, Near Noorani Masjid and Prabhath Talkies, Agasanakallu, Chitradurga – 577 501. ...Appellant (By Sri. Spoorthy Hegde N. Advocate) AND:
1. National Insurance Com. Ltd., By its Divisional Manager, Division No.10, Plot No.101-106, N-I, BMC House, Connaught Place, New Delhi – 110 001.
Rep by its Branch Manager, National Insurance Com. Ltd., Lakshmi Bazar, Opposite Shankar Talkies Road, Chitradurga – 577 001.
2. Chudamani R.N.
W/o Nagendraprasad R.G. Aged about 66 years, Sri. Veeranarayana Traders, No.26, Vijayalakshmi Road, Davanagere – 577 002. …Respondents (By Sri Janardhan Reddy, Advocate for R-1 Notice to R-2 dispensed with) This Miscellaneous First Appeal is filed under section 173 (1) of the Motor Vehicles Act, 1988 against the judgment and award dated 22.06.2015 passed in MVC No.366/2014 on the file of the Principal Senior Civil Judge, C.J.M and MACT-3, Chitradurga, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for Orders this day, the court delivered the following:
J U D G M E N T Notice to respondent No.2 is dispensed with at the risk of the appellant.
2. The appellant/claimant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 22.06.2015 passed by the Principal Senior Civil Judge, C.J.M. & MACT- III, Chitradurga, in MVC No.366/2014.
3. It is the case of the appellant that on 03.06.2014 at about 12.00 p.m., the appellant was riding his TVS XL moped bearing Reg. No.KA-16-S- 4709 from M.K. Hatti towards Chitradurga City, near SJM Mutt and while crossing NH.4 Road, the driver of Maruti Swift Car bearing Reg.No.KA-17-N-8140 coming from Bengaluru drove the vehicle in a rash and negligent manner and dashed against the appellant’s vehicle. As a result, the appellant fell down and sustained injuries.
4. The Tribunal has awarded a compensation of Rs.2,54,500/-. Aggrieved by the same, this appeal is filed for enhancement of compensation.
5. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side and sought for enhancement of compensation.
6. The learned counsel for the respondent No.1 sought to dismiss the appeal as the Tribunal has awarded just and proper compensation.
7. I have heard the learned counsel for both the parties and perused the judgment and award passed by the Tribunal. Looking to the nature of injuries sustained by the appellant and the duration of treatment which he has undergone, I am inclined to award a global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the tribunal.
8. Accordingly, the appeal is allowed in part.
The appellant / claimant is entitled for global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE MBM