IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.6810/2015 (MV) Between:
V.N. Theerthesh, S/o Ninganaik, Aged about 27 years, R/o Veeradevanhalli Village, Halebeedu Hobli, Belur Taluk, Hassan District- 573 201.
…Appellant (By Sri H.T. Jagadeesh, Advocate) And:
1. H. L. Praveen, S/o Lingappa, Aged about 25 years, No. 102, Hanike village & Post, Kasaba Hobli, Belur Taluk, Hassan District- 573 201.
2. Manager, I.C.I.C.I., Lombard General Insurance Co. Ltd., I.C.I.C.I., Lombard House, 414, Veer Savarkar Marg, Near Siddi Vinayak Temple, Prabadevi Mumbai, Maharastra.
Represented by:
Divisional Manager (Claims Department) I.C.I.C.I, Lombard General Insurance Co. Ltd., Camarcial Complex, L.H.H. Road, Hampanakatte, Mangalore.
3. Manager, IFFCO- TOKIO General Insurance Co. Ltd., IFFCO Sadan, C1 Dist Center, Saketh New Delhi- 110 017. India.
Represented by:
Divisional Manager, IFFICO-TOKIO General Insurance Co. Ltd., No. 846, New Kantharaj Urs Road, New Akshaya Bandar, Kuvempu Nagar, Mysore- 570 023.
(By Sri A.M. Venkatesh, Advocate for R2; Notice to R1& R3 dispensed with) …Respondents This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 19.06.2015 passed in MVC No.119/2014 on the file of Senior Civil Judge & Member MACT, Belur, partly allowing the claim petition for compensation and seeking of enhancement.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT In view of memo filed by the appellant, notice to respondents No.1 and 3 dispensed with at the risk of the appellant.
2. Appeal is filed by the injured/claimant against the judgment and award dated 19.06.2015 passed in MVC No.119/2014 on the file of Senior Civil Judge & Member MACT, Belur, partly allowing the claim petition for compensation and seeking for enhancement.
3. The claimant/appellant has suffered injuries in the motor vehicle accident occurred on 25.10.2013 and he has taken treatment as inpatient in the hospital by spending huge amount. Thereafter, the claimant has filed claim petition before the Tribunal seeking for compensation. In support of his claim, he has examined the Doctor as PW2, who deposed that he has treated the injured. By considering the oral and documentary evidence produced by the claimant, the Tribunal has awarded sum of Rs.1,96,800/- with interest at 9% p.a. Aggrieved by the said judgment and award, the appellant has preferred this appeal and sought for enhancement.
4. Learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
5. Learned counsel for the respondent-Insurer supported the judgment and award passed by the Tribunal and sought for dismissal of the appeal.
6. I have heard learned counsel for both sides and I have gone through the materials available on record.
7. During the course of the arguments, learned counsel for both the parties have submitted that the parties have agreed to settle the matter with enhanced compensation of Rs.80,000/- without interest in addition to the compensation awarded by the Tribunal.
The said submission of both the counsel is taken on record. Looking to the nature of injuries sustained by the claimant, I am inclined to award a global compensation of Rs.80,000/-.
8. Hence, the appellant is entitled for global compensation of Rs.80,000/- without interest in addition to the compensation awarded by the Tribunal.
In terms of the submission made by both the parties, the Appeal is disposed of accordingly.
Sd/- JUDGE DL