Sri Keshavamurthy K vs B C Prakash
2022 Latest Caselaw 3266 Kant

                         1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                     PRESENT

      THE HON'BLE MR.JUSTICE P S DINESH KUMAR


                       AND

     THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

             MFA NO 8173 OF 2014(MV)

BETWEEN:

SRI KESHAVAMURTHY K
S/O M.V. KRISHNAMURTHY,
AGED ABOUT 35 YEARS,
RESIDING AT NO.73, 7TH CROSS,
DFW LAYOUT, LAGERE,
BANGALORE-560078.
                                        ...APPELLANT

(BY SRI: M V MURTHY, ADVOCATE)

AND:

1.     B C PRAKASH
       S/O CHANNAPPA,
       MAJOR, NO.-311/4,
       AMRUTHAHALLI DANDU,
       CHIKKANNA LAYOUT,
       BANGALORE-560092.

2.     THE MANAGER
       RELIANCE GENERAL
       INSURANCE COMPANY LTD.,
       NO.28, 5TH FLOOR,
       EAST WING, CENTENARY BUILDING,
                             2




     M.G. ROAD,
     BANGALORE-560001.
                                        ...RESPONDENTS

(BY SRI: H S LINGARAJU, ADV, FOR R2,
VIDE ORDER DTD.17.07.2015 NOTICE TO R1 IS
DISPENSED WITH)

     THIS MFA IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED
18.06.2014 PASSED IN MVC NO.3483/2012 ON THE
FILE OF THE XVIII ADDITIONAL JUDGE, MEMBER,
MACT-4, COURT OF SMALL CAUSES, BANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

      THIS MFA COMING ON FOR 'HEARING' THIS DAY,
P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:

                        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.80,000/-

(Rupees eighty thousand) with interest at 6% p.a. is

just and appropriate.

2. Learned advocates for the appellant and the

Insurer have accepted the said compensation.

3. In the circumstance, this appeal is

disposed of by awarding additional compensation of

Rs.80,000/- (Rupees eighty thousand) with 6% interest

p.a. from the date of petition till the date of deposit.

The compensation amount shall be deposited by the

Insurer within a period of six weeks from the date of

receipt of a copy of this order. Upon such deposit, it

shall be released in favour of the appellant.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

Rsk/-