Manjappa Naik vs Chandrashekar Sriyan
2022 Latest Caselaw 3345 Kant

                                   1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                          PRESENT

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

                             AND
     THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

                 M.F.A NO.550 OF 2015 (MV)

BETWEEN :

MANJAPPA NAIK
S/O SUKRA NAIK
AGED ABOUT 34 YEARS
R/O ALIVEKODI, SHIRUR POST
KUNDAPURA TALUK                                 ...APPELLANT

(BY SHRI. K. PAVANA CHANDRA SHETTY, ADVOCATE)

AND :
1.     CHANDRASHEKAR SRIYAN
       S/O D.A. KARKERA
       MAJOR
       R/O KARKERA BHAVAN
       MEENAKALIYA POST
       PANAMBURU, MANGALORE
       D.K. DISTRICT

2.     ROYAL SUNDARAM ALLIANZ INS.
       CO. LTD., SUBRAMNAYAM BUIDLING
       CLUB HOUSE ROAD, 2ND ROAD
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     ANNASALAI, CHENNAI
     REP: BY ITS AUTHORIZED OFFICER             ...RESPONDENTS

(BY SHRI. H.S. LINGARAJ, ADVOCATE FOR R2;
    VIDE ORDER DTD.18.01.2017 NOTICE TO R1
    IS DISPENSED WITH)

[THROUGH VIDEO CONFERENCE]

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.11.2014 PASSED IN MVC
NO.1008/2012 ON THE FILE OF THE ADDITIONAL DISTRICT &
SESSIONS   JUDGE,  ADDITIONAL   MACT,  UDUPI(SITTING   AT
KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION
FOR   COMPENSATION    AND    SEEKING   ENHANCEMENT     OF
COMPENSATION.

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

                          JUDGMENT

This appeal by the claimants seeking enhancement of

compensation is filed by challenging the judgment and award

dated November 21, 2014 in M.V.C. No.1008/2012 on the file of

Additional District and Sessions Judge and the Additional Motor

Accident Claims Tribunal, Udupi (Sitting at Kundapura).

2. We have heard Shri. K. Pavana Chandra Shetty,

learned Advocate for the appellant and Shri. H.S. Lingaraj,

learned Advocate for Insurer-respondent No.2.

3. After hearing the matter for some time and perusing

the records, this Court is of the view that ends of justice would

be met by awarding an additional compensation of

Rs.1,20,000/-.

4. Learned Advocates on both sides, after due

deliberation, submitted that this Court may proceed to pass

orders.

5. Accordingly, this appeal is disposed of directing the

Insurer, respondent No.2 to pay/deposit Rs.1,20,000/- with

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

payment, as additional compensation within six weeks from the

date of receipt of a copy of this order.

6. Appeal is disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE SPS