Lakshmi @ Lakshmidevi vs Branch Manager on 17 November, 2017

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Karnataka High Court

Lakshmi @ Lakshmidevi vs Branch Manager on 17 November, 2017

Bench: L.Narayana Swamy

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17TH DAY OF NOVEMBER, 2017

                             BEFORE

     THE HON'BLE MR.JUSTICE L.NARAYANA SWAMY

                 M.F.A. No.1909/2015 (MV)

BETWEEN :

     Lakshmi @ Laksmidevi,
     W/o. Krupesh,
     Aged 33 years,
     Presently R/at No.41, R.Lane,
     CAR Police Quarters Sirsi Circle,
     Mysuru Road,
     Bengaluru.

     Permanent Address:
     No.6, Aralalu Sandra,
     Chinnigana Halli,
     Channapattana,
     Bengaluru Rural.
                                                 ... Appellant
(By Smt. Gayathri E.P., Advocate)

AND :

        1.   Branch Manager,
             Karnataka Government Insurance Department,
             K.G.I.D. VSIL Building,
             Vidhanasoudha Road,
             Bengaluru.

        2.   Fire Station Officer,
             North Fire Station,
             Mysuru Road,
             Bengaluru - 560 018.
                                               ...Respondents
(By Sri. Neelakantappa K. Pujar HCGP for R1
R2 - served)
                                -2-



       This M.F.A. is filed under Section 173(1) of M.V. ACT
against the Judgment and Award dated 06.03.2014 passed in
MVC No.4084/2012 on the file of the XXII Addl. Small Causes
Judge & Member, MACT, Bengaluru, partly allowing the claim
petition for compensation and seeking enhancement of
compensation.

       This M.F.A. coming on for Orders, this day, the court
delivered the following:


                           JUDGMENT

The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 06/03/2014 passed by XXII Addl. Small Causes Judge & Member, MACT, Bengaluru, in MVC No. 4084/2012.

2. It is the case of the appellant that on 05.02.2012 at about 12.30 p.m. while the appellant along with her husband was traveling in a two wheeler bearing Reg. No.KA.41/U-4889 on Mysuru Road near Nalanda Theater, the driver of the Fire Engine Vehicle bearing Reg.No.KA-42/G-13 drove the vehicle in a rash -3- and negligent manner and dashed against the appellant's vehicle from behind. As a result appellant and her husband fell down and the appellant sustained grievous injuries. The appellant was working as Tailor and earning Rs.7,000/- per month. The appellant has filed claim petition before the Tribunal. The Tribunal has awarded a compensation of Rs.2,63,300/-. Aggrieved by the same this appeal is filed for enhancement of compensation.

3. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal on all the heads is on the lower side.

4. The learned counsel for the respondents 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. The compensation awarded under all the heads seems -4- to be little meager. Looking to the nature of the injuries sustained by the appellant, I am inclined to award a global compensation of Rs.50,000/-.

6. Hence, the appeal is allowed in part. The appellant is entitled for global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.

Sd/-

JUDGE akv

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