IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. No.8744/2015[MV] BETWEEN :
Mr. Vinay N.R., Aged about 27 years, S/o Late N.K. Ravindranath, R/o: No.2909, 8th Main Road, 2nd Cross, Kumaraswamy Layout, 2nd Stage, Bengaluru-560 078 (By Sri SHRIPAD V. SHASTRI, Adv.) AND :
1. M/s. Vikaram Resigna & Polymers, No.98, Kalena Agrahara, Near Meenakshi Temple, Bannerghatta Road, Bengaluru-560 076 2. The New India Assu. Co. Ltd., Motor T.P. Hub, No.9/2, 2nd Floor, Mahalakshmi Chambers, M.G. Road, Bengaluru-01 By its Divisional Manager.
(By SRI Y. ARUNA, Adv., for R2;
R1-notice dispensed with) ... APPELLANT …RESPONDENTS This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act, against the judgment and award dated 14.08.2015 passed in MVC No.2182/2014 on the file of XXII Additional Small Causes Judge and Member, MACT, Bengaluru partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Admission, 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 14.08.2015 passed by the XXII Additional Small Causes Judge and Member, M.A.C.T., Bengaluru (for short ‘the Tribunal’) in MVC No.2182/2014.
2. It is the case of the appellant that he had sustained injuries in a motor vehicle accident occurred on 06.04.2014. The appellant had filed claim petition before the Tribunal. The Tribunal had awarded a compensation of Rs.2,67,538/-. Aggrieved by the same, the appellant has filed this appeal.
3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondent No.2 sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have heard learned counsel for both sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal under all heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.1,00,000/- in addition to the award made by the Tribunal.
6. Accordingly, appeal is allowed in part. The appellant is entitled for a global compensation of Rs.1,00,000/- (without interest) in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE Sbs*