Srajan vs B Rajarama Bhat
2022 Latest Caselaw 1878 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                          PRESENT

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

                             AND

            THE HON'BLE MR. JUSTICE M.I.ARUN

               M.F.A.No.1230 OF 2019(MV)
BETWEEN:

SRAJAN
AGED ABOUT 28 YEARS
S/O SRIDHARMURTHY
R/O HOSALA VILLAGE
UDUPI TALUK                                      ...APPELLANT

(BY SHRI.SANDESH SHETTY, ADVOCATE)


AND:

1.     B.RAJARAMA BHAT
       MAJOR
       S/O SEETHARAMA BHAT
       R/O CENTURY FARM
       PERAMPALLI,
       KUNJIBETTU
       UDUPI TQ.576 101

2.     THE UNITED INSURANCE CO., LTD.,
       BRANCH OFFICE: KUNDAPURA
       SAI COMPLEX, MAIN ROAD,
       KUNDAPURA TQ.-576 201                  ...RESPONDENTS

(BY SHRI.KRISHNA KISHORE, ADVOCATE FOR R-2;
    NOTICE TO R-1 DISPENSED WITH VIDE ORDER
    DATED 18.10.2021)
                                2




        THIS   APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 01.10.2018 PASSED IN
MVC NO.1049/2016 ON THE FILE OF THE ADDITIONAL DISTRICT
JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA),
KUNDAPURA,      PARTLY   ALLOWING   THE   CLAIM    PETITION    FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.


        THIS    APPEAL COMING ON FOR ADMISSION, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:


                          JUDGMENT

Though this appeal is listed for admission by consent

of learned advocates on both sides, it is taken up for

final disposal.

2. This appeal is by the claimant seeking enhancement

of the compensation is filed challenging the judgment

and award dated October 1, 2018, in MVC.No.1049/2016

passed by the Additional District Judge and Additional

Motor Accident Claims Tribunal, Udupi, (Sitting at

Kundapura), Kundapura.

3. Heard Shri Sandesh Shetty, learned advocate for the

appellant-claimant and Shri Krishna Kishore, learned

advocate for second respondent-insurer.

4. After arguing the matter for sometime,

learned advocates for claimant and insurer accepted

the opinion of this Court that additional compensation of

Rs.60,000/- is just and proper. Accordingly, this appeal is

disposed of.

5. Shri Krishna Kishore for insurer submitted that the

compensation amount of Rs.2,10,310/- awarded by the

Tribunal is already deposited.

6. Hence, the following:

ORDER

(i) Appeal is allowed in part by holding

that claimants are entitled for an additional

compensation of Rs.60,000/- payable with

interest at 6% p.a., from the date of filing claim

petition till the date of deposit; and

(ii) Third respondent-Insurer shall pay the

additional compensation amount of Rs.60,000/-

with interest at 6% p.a., within six weeks from

the date of receipt of a copy of this order.

Disbursement shall be made as directed by the

Tribunal.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

SBN