R Purushothama vs The Oriental Insurance Co.Ltd., on 16 November, 2017

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Karnataka High Court

R Purushothama vs The Oriental Insurance Co.Ltd., on 16 November, 2017

Bench: L. Narayana Swamy

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF NOVEMBER, 2017

                       BEFORE

     THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY

MISCELLANEOUS FIRST APPEAL NO. 5047/2017 (MV-I)

BETWEEN:
Sri R. Purushothama,
S/o. P. Rangaswamy,
Aged about 36 years,
R/o. Honnalli Village & Post,
Haradanahalli Hobli,
Chamarajanagar District - 571 313.

Now R/at C/o. Girish,
Santhepete, Sira Town,
Tumkur District - 572 137.                  ...Appellant

(By Sri V.B. Siddaramaiah, Advocate)

AND:
1.   The Oriental Insurance Co. Ltd.,
     Branch Office, T.G.M.A. Building,
     J.C. Road, Tumkuru - 577 101.
     Rep. by its Branch Manager.

2.     Smt. A. Nalina,
       W/o. Nagaraj Rao,
       Aged about 52 years,
       R/o. Government School Road,
       Maraluru, Tumakuru Taluk,
       Tumkur Dist. - 572 105.           ...Respondents

(By Sri H.S. Lingaraj, Adv. for R-1 R2- Notice D/w. V/o.
dated 16.11.2017)
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      This Miscellaneous First Appeal is filed under
Section 173(1) of the Motor Vehicle Act, against the
judgment and award dated 19.01.2017 passed in MVC
No.677/2015 on the file of the Senior Civil Judge &
Additional MACT, Sira 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 19.01.2017 passed by the Senior Civil Judge and Additional MACT, Sira in MVC No.677/2015.

2. The appellant has sustained grievous injuries in a motor vehicle accident that occurred on 05.05.2015 and he was doing flex printing work and apart from that he was a yoga teacher in Patanjali Yoga Centre. The Doctor has deposed that the appellant has sustained 7% permanent functional disability and the Tribunal rightly assessed the disability and awarded compensation of Rs.1,99,960/-.

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

4. The learned counsel for the respondent sought to dismiss the appeal as the Tribunal has awarded just and proper compensation.

5. I have heard the learned counsel for both the parties and perused the judgment and award passed by the Tribunal. The compensation awarded by the Tribunal appears to be little meager hence I am inclined to award a global compensation of Rs.90,000/- in addition to what is awarded.

6. Accordingly, the appeal is allowed in part. The appellant / claimant is entitled for global compensation of Rs.90,000/- which does not carry the interest.

Sd/-

JUDGE BVK

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