Nagaraja vs Nagarajappa on 13 September, 2019

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Karnataka High Court

Nagaraja vs Nagarajappa on 13 September, 2019

Bench: Krishna S.Dixit

                          1

     IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 13TH DAY OF SEPTEMBER, 2019

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

              M.F.A.NO.9008/2018 (MV-I)


BETWEEN:

NAGARAJA
S/O THIPPESWAMYY
@ THIPPESHAPPA
AGED ABOUT 29 YEARS,
AGRICULTURIST,
R/O. GANGASAMUDRA VILLAGE,
HOLALKERE TALUK - 577 526.
CHITRADURGA DISTRICT.
                                          ...APPELLANT
(BY SRI.SHIVAKUMARAPPA T.C, ADVOCATE)
AND:
1.     NAGARAJAPPA
       S/O JAYAPPA,
       OWNER OF TRACTOR BEARING
       REG. NO.KA-17-TC-3700,
       R/O ANABERU VILLAGE AT POST,
       DAVANAGERE TALUK AND
       DISTRICT - 577 001.

2.     JAYAPPA
       S/O RANGAPPA
       OWNER OF TRACTOR-TRALER
       BEARING REG. NO.KA-17-1363,
       R/O AVARAGERE,
       DAVANAGERE TALUK AND
       DISTRICT - 577 001.
                              2




3.   DIVISIONAL MANAGER
     IFFCO-TOKIO GENERAL
     INSURANCE CO. LTD.
     NO.71432 PCA AND RD BANK BUILDING,
     LAWYERS ROAD,
     KUVEMPU NAGARA,
     P.J.EXTENTION,
     DAVANAGERE - 577 001.
                                  ...RESPONDENTS

     (BY SRI.D.VIJAYA KUMAR, ADVOCATE FOR R3;
     NOTICE TO R1 & R2 IS D/W)


     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED:
24/07/2018, PASSED IN MVC No.521/2017, ON THE
FILE OF THE SENIOR CIVIL JUDGE & JMFC, AND MACT,
HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:-

                    JUDGMENT

This appeal by the claimant lays a challenge to the judgment and award dated 24.07.2018 whereby, the MACT, Holalkere having favoured claim petition in MVC No.521/2017 awarding global compensation of Rs.10,000/- with interest at the rate of 6% p.a. 3

2. After service of notice, respondent/insurer entered appearance through its Senior Panel Counsel who opposed the appeal.

3. Having heard the learned counsel for the parties and having perused the appeal papers, this court is of considered opinion that Rs.20,000/- would be just and reasonable compensation and therefore to that extent enhancement needs to be granted.

In the above circumstances, this appeal succeeds in part; impugned judgment and award are modified enhancing the compensation from Rs.10,000/- to Rs.20,000/- with interest at the rate of 6% p.a. The respondent/insurer to make good the enhancement of the compensation within four weeks.

No costs.

Sd/-

JUDGE UN

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