Kumar Parashuram S/O. Mallappa ... vs Valliappan R S/O. Ramalingam on 12 October, 2017

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Karnataka High Court

Kumar Parashuram S/O. Mallappa ... vs Valliappan R S/O. Ramalingam on 12 October, 2017

Bench: L. Narayana Swamy

                            1




            IN THE HIGH COURT OF KARNATAKA,
                     DHARWAD BENCH
        DATED THIS THE 7th DAY OF SEPTEMBER 2017
                         BEFORE
        THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY
     MISCELLANEOUS FIRST APPEAL NO.101823/2014 (MV-I)

BETWEEN:

     KUMAR PARASHURAM S/O. MALLAPPA HATTARWAD
     AGE: 05 YEARS, MINOR,
     R/BY NATURAL GUARDIAN FATHER
     SRI. MALLAPPA S/O. RAMAPPA HATTARWAD,
     AGE: 50 YEARS, OCC: AGRICULTURE
     R/O. AT POST NANDGAD,
     TQ: KHANAPUR, DIST: BELGAUM.
                                          ...APPELLANT
(BY SRI. B.M. PATIL, ADV.)

AND:

1.     MR. VALLIAPPAN R. S/O. RAMALINGAM
       AGE: 52 YEARS, OCC: BUSINESS,
       R/O. NO. 57, LOGAMBALKOIL STREET,
       PUNDUPALAYAM,
       DIST: CUDDALORE -607001.

       (OWNER OF TUSKER SUPER NO.TN.31/AC-5794)

2.     THE ORIENTAL INSURANCE CO. LTD.,
       BY ITS DIVISIONAL MANAGER,
       DIVISIONAL OFFICE, CLUB ROAD,
       BELGAUM.

       (INSURER OF TUSKER SUPER NO.TN.31/AC-5794)
                                2




     POLICY NO.413901/31/2013/1014 VALID
     FROM 01.07.2012 TO 31.06.2013.

3.   THE GENERAL MANAGER
     NWKRTC THROUGH ITS DIVISIONAL OFFICE,
     NWKRTC BELGAUM

     (OWNER AND INSURER OF BUS NO.KA-42/F-1366)
                                       ...RESPONDENTS
(BY SMT. ARUNA R. DESHAPANDE, ADV. FOR R2)

     THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
1988, AGAINT THE JUDGMENT AND AWARD DATED 11.03.2014
PASSED IN MVC NO.2740/2012 ON THE FILE OF THE IV
ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER, MACT-
V, BELGAUM, 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:


                          JUDGMENT

Though the appeal is listed for admission, with consent of the learned counsel, it is taken up for final hearing.

2. This appeal is filed by the claimant to modify and enhance the compensation amount under judgment and award dated 11.03.2014 passed by the IV Additional District 3 and Sessions Judge & Member, MACT-V, Belgaum in MVC No.2740/2012.

3. The claimant has preferred this appeal seeking enhancement of compensation awarded by the Tribunal, on the ground of inadequacy. It is submitted that the Tribunal has erred in taking the income of the claimant and percentage of disability, which has resulted in awarding lesser compensation under the aforesaid head, as well as the compensation awarded under other heads are also on the lower side. The learned counsel for the insurer supported the impugned judgment and award.

4. Heard both side and perused the impugned judgment and award passed by the Tribunal.

5. After arguing the matter for sometime, without going into merits of the case, learned counsel for the appellant submits that the compensation may be enhanced globally in addition to what has been awarded by the 4 Tribunal, which is opposed by the learned counsel for respondent No.2

6. Keeping in view the submission of the learned counsel for the appellant, without going into the merits of the case, I feel it is necessary to award another sum of Rs.25,000/- globally in addition to what has been awarded by the Tribunal.

Accordingly, the appeal is allowed in part. The claimant is entitled to a further sum of Rs.25,000/- globally in addition to what has been awarded by the Tribunal.

Sd/-

JUDGE MNS/-

LNSJ : MFA No.101823/2014 12/10/2017 ORDER ON "BEING SPOKEN TO"

Heard.

Memo for being spoken to is rejected. The insurance company is directed to comply with the order.

Sd/-

JUDGE RK/-

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