Bagesh Kumar Sharma vs Bajaj Alianz General Insurance Co ...
2021 Latest Caselaw 2075 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

             DATED THIS THE 1ST OF JUNE 2021

                          PRESENT

          THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                M.F.A. NO.7133 OF 2018 (MV-I)


BETWEEN:
BAGESH KUMAR SHARMA
@BAGESH KUMAR
S/O.RAMESHWAR SHARMA
AGED ABOUT 39 YEARS
R/AT NO.5, ASHISH BUILDING
NEAR R R BAKERY, ANNASANDRAPALYA
BENGALURU - 560 017                             ... APPELLANT
(BY SRI SRINIVASA T.P , ADVOCATE)

AND:

1.    BAJAJ ALIANZ GENERAL INSURANCE CO. LTD
      GOLDEN HEIGHTS 4TH FLOOR
      NO.1/2, 59TH 'C' CROSS,
      4TH 'M' BLOCK RAJAJINAGAR
      BANGALORE-560 010
      REP. BY ITS MANAGER
2.    SRI VISHWAMATH REDDY
      S/O NANJAPPA REDDY
      NO.9/1,8TH CROSS, NEAR RAMA TEMPLE
      DODDNEKUNDI, MARATHALLI POST
      BENGALURU - 560 037                   ... RESPONDENTS
(BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R-1
    SRI RAGHAVENDRA K, ADVOCATE FOR R-2)
                            ---
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      THIS M.F.A. IS FILED UNDER SEC.173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 15.02.2018 PASSED
IN MVC NO.2726/2017, ON THE FILE OF THE XV ADDITIONAL
SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO
HALL UNIT, BENGALURU (SCCH-19) PARTLY ALLOWING THE
CLAIM    PETIITON   FOR   COMPENSATION   AND   SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,

     THIS M.F.A. COMING ON FOR ORDERS,             THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:


                             JUDGMENT

This appeal under Section 173(1) of the Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act' for short) has

been filed by the claimant seeking enhancement of the

amount of compensation, against the judgment and award

dated 15.02.2018 passed in MVC. No.2726/2017 by the

Motor Accident Claims Tribunal (hereinafter referred to as

'the Tribunal' for short).

2. We have heard the submissions made by learned

counsel for the parties at length

3. After hearing the learned counsel for the parties

and perusal of the records, the learned counsel for the

parties submits that the amount of compensation may be

enhanced by a further sum of Rs.85,000/- along with the

interest at the rate of 6% p.a. from the date of petition till

realization.

4. In view of the aforesaid submission, amount of

compensation to the appellant is enhanced by a further sum

of Rs.85,000/- along with the interest at the rate of 6% p.a.

from the date of petition till realization of the amount. To

the aforesaid extent, the award passed by the Claims

Tribunal is modified.

Accordingly, the appeal is partly allowed.

Sd/-

JUDGE

Sd/-

JUDGE

HR