Praveen Kumar K C vs Iffco Tokio General Insu.Co.Ltd on 28 March, 2019

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Karnataka High Court

Praveen Kumar K C vs Iffco Tokio General Insu.Co.Ltd on 28 March, 2019

Bench: L. Narayana Swamy

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 28TH DAY OF MARCH 2019

                         BEFORE

           THE HON'BLE MR. L. NARAYANA SWAMY,
                  ACTING CHIEF JUSTICE
               M.F.A. NO.5018 OF 2014 (MV)

BETWEEN:

PRAVEEN KUMAR K.C.
S/O CHANDRANNA K.T,
AGE ABOUT 26 YEARS,
R/O CHIKKAGONDANAHALLI VILLAGE,
CHITRADURGA TALUK - 577 501.               ... APPELLANT

(BY SRI.SPOORTHY HEGDE.N., ADV.)

AND:

1.   IFFCO TOKIO GENERAL INSU. CO. LTD.,
     BY ITS BRANCH MANAGER,
     BRANCH OFFICE, PCA & RD BANK
     NO.7/432, K.B. EXTENSION,
     LAWYER ROAD,
     DAVANAGERE - 577 001.

2.   A. LINGA REDDY
     S/O ANANTHA REDDY
     MAJOR, OWNER OF BUS
     NO. KA-16/A-7723,
     OFF. HEAD POST OFFICE ROAD,
     CHITRADURGA - 577 501.           ... RESPONDENTS

(BY SRI.E I SANMATHI, ADV. FOR R1;
    NOTICE TO R2 IS DISPENSED WITH)
                                 2




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:10.3.2014 PASSED IN MVC
NO.585/2013 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE & ADDL. MACT - IV, CHITRADURGA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

    THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

In the claim petition preferred by the appellant for the accidental suffered in the road traffic accident, the I Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal- IV, Chitradurga awarded compensation of Rs.30,000/-. Aggrieved by the same, this appeal is preferred seeking enhancement in the compensation.

2. I have heard the learned counsel for the parties and perused the impugned judgment and award. The Tribunal after considering the evidence adduced and the material documents produced before it, has awarded the global compensation of Rs.30,000/-. Be that as it may, considering the facts and circumstances and the injuries suffered by the claimant and also taking note of the age of the appellant, in my considered opinion, awarding sum of Rs.25,000/- globally, in addition to 3 what has been awarded by the Tribunal, would meet the ends of justice. Accordingly, the same is awarded. It is also made clear that the enhanced amount does not carry any interest. The enhanced compensation shall be disbursed to the appellant under account payee cheque with due identification.

Appeal is allowed in part.

Sd/-

ACTING CHIEF JUSTICE lnn

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