Narayana Shetty vs Rajendra B
2021 Latest Caselaw 5027 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 29TH DAY OF NOVEMBER, 2021

                          PRESENT

         THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                            AND

          THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

MISCELLANEOUS FIRST APPEAL NO.3336 OF 2016 (MV-I)

BETWEEN:

       NARAYANA SHETTY
       S/O. SHESHA SHETTY,
       AGED ABOUT 34 YEARS,
       RESIDENT OF BELLADI PUVAYYANA MANE,
       SENPAURA VILLAGE & POST,
       KUNDAPURA TALUK,
       UDUPI DISTRICT,
       NOW RESIDENT AT 626/B,
       SANTHIY ONIAUGHEE, NABHAPUR,
       GOKAK,
       BELGAUM DISTRICT-591 307.
                                             ... APPELLANT
       (BY SRI S.S. HAVERI, ADVOCATE)

AND:

1.     RAJENDRA B.
       S/O. BHASKARA C.,
       AGED ABOUT 32 YEARS,
       RESIDENT OF THULASIDHARA, N.H.66,
       HEMMADI VILLAGE & POST,
       KUNDAPURA TALUK,
       UDUPI DISTRICT-576 101.
                                2




2.     UNITED INDIA INSURANCE CO. LTD.
       OPP K.S.R.T.C. DEPOT,
       NEAR HEAD POST OFFICE,
       VADER HOBLI, KUNDAPURA,
       KUNDAPURA TALUK,
       UDUPI DISTRICT-576 101,
       REPRESENTED BY ITS AUTHORISED OFFICER.

                                              ... RESPONDENTS

       (BY SRI O. MAHESH, ADVOCATE, FOR R-2;
           R1-SERVED)

                              ***

       THIS M.F.A IS FILED UNDER SECTION       173(1) OF THE
M.V.   ACT   AGAINST   THE   JUDGMENT   AND    AWARD     DATED
20-11-2015 PASSED IN M.V.C. NO.538 OF 2014 ON THE FILE OF
THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, KUNDAPURA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.


       THIS M.F.A. IS COMING ON FOR ADMISSION, THROUGH
VIDEO     CONFERENCING/PHYSICAL     HEARING       THIS    DAY,
P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
                                    3


                        JUDGMENT

After hearing the learned Advocates for the

appellant and the Insurer, this Court is of the opinion that

additional compensation in a sum of Rs.30,000/- with

interest at 6% per annum is just and appropriate.

2. Learned Advocates for the appellant and the

Insurer have accepted the said compensation.

3. In the circumstances, this appeal is disposed of

by awarding additional compensation of Rs.30,000/-

(Rupees thirty thousand only) with interest at 6% per

annum from the date of petition till the date of deposit. The

compensation shall be deposited by the Insurer within four

weeks' from today. Upon such deposit, it shall be released

in favour of the appellant.

Sd/-

JUDGE

Sd/-

JUDGE kvk