Karnataka High Court
C M Krishnamurthy vs New India Assurance Co Ltd on 10 June, 2011
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
(N THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10" DAY OF JUNE 2011 : -- BEFORE -- THE HON'BLE MR.JUSTICE S.N.SA "TYANARAY ANA | M.FLA.NO. 1515/2010 my) BETWEEN: CUM. Krishnamurthy 3/o.Mallaiah Aged about 39 years Kalammanagudi veedi _ Chikkanayakanahalli Taluk: Tumkur District, a ae .. APPELLANT (By Smt.S. Susheete, Ady.) : AND: lL. New India Assurance Co>-Ltd., Rep. by its Branch Manager _ No.2-B, United Building Annex - "* Missior road oO Bange lore: 560 027. 2. Kalaiah | . Major, Si a. Basay alingappa . °. No.37/A, 40-1] main - KG.L./©, Vijayanagara _. Banalore-40. "3. KS.Chidananda _ Major, S/o.K.V.Shivarudrappa ~ No.1, Gubbanna Quarters Rajipura, Deddaballapura Bangalore District. . RESPONDENTS This MFA is filed under Section 1731) of MV Act against the judgment and award dated 937.10. 2005 passed in MVC No.2089/2000 on the file of }4t 'Addl. Judge, Court of Small Causes, Member," MACY. Bangalore City, partly allowing the claim petition for compensation and seeking enhancement OF compensation, This appeal coming on for further orders this day, the Court delivered the following: JUDGMENT
The claimant in MVC No. 208972000 on the file of MACT, Bangalore has: come. uD. in. this appeal seeking enhancement of compensation awarded to him in the said petition. Along with the appeal, an application is also filed seeking coliddnation of delay of 1486 days in i. filing the appéal which works out to nearly 4 years.
- a "Adon tedly, the accident took place on 2.10. 1999 at about 9.00 a.m., resulting in injuries to . _ claimant which is lacerated wound to his wrist and os fracture of right femur. The tribunal, after considering "the oral and documentary evidence available on record and after hearing the claimant has allowed the same awarding compensation of Rs.1,.40,000/- payable with ners vy Sad interest at 6% from the date of petition till the date of deposit of the entire amount. The amount has alrez ady | been deposited by the first respondent --- ihouraiee Company. However, after lapse of 4% ye ars, the presertt appeal is filed contending that . due. to ihe injuries suffered in the aforesaid accident. 'the claimant has suffered permanent diss sbility. and hence, he is entitled to seek enhanced compensation."
3. Heard the, learned Counsel. for appellant regarding ; Misc, Cv 1960/2010 filed seeking condonation of dele ay of 1426 days in filing the appeal. Perused the afficlavit hited he 'support thereof,
4. The ¢ contents of the affidavit does not support the: case of: the appellant to condone the in-ordinate = . delay of. 1486 days in fling the appeal. Therefore, the . "question of issuing notice on the said application to "Consider the same does not arise. Even otherwise on yoerit also the appellant does not have good grounds to seck enhancement. As could be seen for the injuries suffered by the claimant the compensation awarded bv WA SE iy the tribunal itself is on higher side. Therefore. this court find that there is no justification to issue notice GA the application filed seeking condonation of 434 years -- delay in filing the appeal. Hence. the Said application is dismissed, Consequently, the appeal also stands © dismissed without any order as tog costs, ~ nas,