IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.10486/2013 [MV] BETWEEN: VIDYADHAR S/O KESHAVA PUTHRAN AGED ABOUT 41 YEARS R/AT MOHINI NIVAS KULAI, HOSABETTU VILLAGE MANGALORE TALUK D K-575017 ... APPELLANT (BY SRI KETHAN KUMAR, ADV.) AND:
1. ANAND LAXMAN A S/O LAXMAN AGED ABOUT 48 YEARS VENKATESH STD BOOTH NEAR APMC, BAIKAMPADY MANGALORE – 575 014 2. THE BRANCH MANAGER IFFCO TOKIO INSURANCE SERVICE LTD 3RD FLOOR, LALBAGH TOWER M G ROAD, MANGALORE – 575 002 ... RESPONDENTS (BY SRI H. N. KESHAVA PRASHANTH ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED.20.11.2017) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.08.2013 PASSED IN MVC NOs.156/2009 AND 157/2009 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND MACT, AT DAKSHINA KANADA, MAGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 05.08.2013 passed by the Principal District Judge and M.A.C.T. Dakshina Kannada, Mangalore in MVC No.156/2009.
2. It is case of the appellant that he has sustained grievous injuries in a Road Traffic Accident occurred on 17.12.2009. The Tribunal has awarded a total compensation of Rs.63,000/-. Aggrieved by the same he is before this Court in this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the tribunal is on the lower side. The appellant has suffered fracture of right humerus (upper third). The disability certificate Ex.P.10 discloses there is wasting and weakness of muscle of arm, restricted shoulder abduction and pain in the shoulder and the doctor has opined that appellant has suffered total permanent disability of 20%. Hence, sought to enhance the compensation.
4. The learned counsel for the respondent- insurance Company sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. 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 further sum of Rs.75,000/- globally 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.
Accordingly appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE HR