Siddalingaiah vs Basappaji on 20 November, 2017

[Cites 2, Cited by 0]

Karnataka High Court

Siddalingaiah vs Basappaji on 20 November, 2017

Bench: L.Narayana Swamy

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 20TH DAY OF NOVEMBER, 2017

                          BEFORE

     THE HON'BLE MR.JUSTICE L.NARAYANA SWAMY

  MISCELLANEOUS FIRST APPEAL NO.3948/2015 (MV)

BETWEEN :

Siddalingaiah,
S/o. Sadashivaiah,
Now aged about 32 years,
R/o No.19/1, S.R.Layout,
Sidedahalli, Bonmill Bus Stop,
Hessaragatta Main Road,
Bengaluru - 560 073.
                                                  ... Appellant
(By Sri. Rangegowda N.R., Advocate)

AND :

   1. Basappaji,
      S/o. Shambashivaiah,
      R/at No.45, Ambedkar Nagar,
      Solur, Magadi Taluk,
      Ramangaram District - 562 131.

   2. The Manager,
      Iffco Tokio General Insurance Co. Ltd.,
      Srishanthi Towers,
      Customer Service Centre,
      5th Floor, NGEF Layout,
      Kasthuri Nagar,
      Bengaluru - 560 213.
                                                ...Respondents

(By Sri. E.I.Sanmathi, Advocate for R2,
                             -2-


Notice to R1 is dispensed with vide
Order dated 19.01.2016)

       This M.F.A. is filed under Section 173(1) of M.V. Act
against the Judgment and Award dated 11.02.2015 passed
in MVC No.6561/2013 on the file of the XIX Addl. Small
Causes Judge & MACT, Bengaluru, partly allowing the claim
petition for compensation and seeking enhancement of
compensation.

       This M.F.A. coming on for Hearing, this day, the court
delivered the following:


                     JUDGMENT

This appeal is filed by the injured-claimant as against the judgment and award dated 11.02.2015 passed in MVC No. 6561/2013 on the file of the XIX Addl. Small Causes Judge & MACT, Bengaluru, seeking enhancement of compensation.

2. The injured-claimant had filed a petition under Section 163A of MV Act before the Tribunal and the Tribunal has awarded a compensation of Rs.38,000/- with 6% interest. Aggrieved by the said order, the claimant has filed this appeal. -3-

3. I have heard the learned counsel appearing for the respective parties and perused the Judgment and Award passed by the Tribunal.

4. Since the petition which was filed before the Tribunal was under Section 163A of MV Act, the learned Tribunal had no discretion to award the compensation except calculating as per Schedule. Under these circumstances, I do not find any substantial relief which could be granted.

5. Accordingly, appeal filed by the claimant is rejected.

Sd/-

JUDGE SV/-

Unlock Advanced Research with PRISMAI

Karnataka High Court