G Mahadevaswamy vs P Paneer Shelvam on 23 November, 2017

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Karnataka High Court

G Mahadevaswamy vs P Paneer Shelvam on 23 November, 2017

Bench: L. Narayana Swamy

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 23RD DAY OF NOVEMBER, 2017

                       BEFORE

      THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY

                M.F.A. No.686/2015[MV]

BETWEEN

G MAHADEVASWAMY
S/O LATE GOPINATH,
AGED ABOUT 30 YEARS,
R/AT SOSALE VILLAGE,
T. NARASIPURA TALUK,
MYSURU DISTRICT-571 124
                                     ... APPELLANT
(BY SRI NAGESH M. & SRI CHANDRASHEKAR,
ADVOCATES)

AND

1.     P. PANEER SHELVAM
       S/O PALLANI GOWDAR,
       AGED ABOUT 33 YEARS,
       R/O PUMMAR VILLAGE,
       KADATUR POST,
       ERODE DISTRICT
       TAMIL NADU STATE-517 001

2.     MANI S.K.
       S/O KULANTHAIYAPPA NADAR,
       AGED ABOUT 49 YEARS,
       R/O NO.3/55, SANAR PUDUR,
       KADATUR POST, GOBI
       ERODE DISTRICT
       TAMIL NADU STATE-516 001.
                             -2-


3.   ROYAL SUNDARAM INSURANCE CO., LTD.,
     1ST FLOOR, SRI KRISHNA PLAZA,
     NO.1, NACHIAPPA STREET,
     ERODE-516 001.
                                   ... RESPONDENTS

(BY SRI H.S. LINGARAJ, ADVOCATE FOR R3;
R1 & R2- SERVED)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:26.03.2013 PASSED IN MVC NO.73/2011 ON THE
FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT,
T.NARASIPURA, 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

The claimant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 26.03.2013 passed by the Senior Civil Judge & JMFC, T. Narasipura (for short 'the Tribunal') in MVC No.73/2011.

2. It is the case of the appellant that he had sustained injuries in a motor vehicle accident occurred on 03.08.2011. He filed a claim petition before the -3- Tribunal. The Tribunal had awarded a compensation of Rs.4,39,575/- with interest at 8% per annum from the date of petition till realisation. Aggrieved by the same, the appellant has filed this appeal.

3. Learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and sought to enhance the same.

4. Learned counsel for the 3rd respondent sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.

5. I have heard learned counsel for both sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal under all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.1,28,000/- with interest at 6% per annum from the date of petition till realisation -4- (excluding 573 days, the delay caused in filing the appeal) in addition to the award made by the Tribunal.

6. Accordingly, the appeal is allowed in part. The appellant is entitled for a global compensation of Rs.1,28,000/- with interest at 6% per annum from the date of petition till realisation (excluding 574 days the delay caused in filing the appeal) in addition to the compensation awarded by the Tribunal.

Sd/-

JUDGE Sbs*

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