Sri Muniraju vs Sri Narayana
2023 Latest Caselaw 11084 Kant

Karnataka High Court

Sri Muniraju vs Sri Narayana on 19 December, 2023

                                              -1-
                                                          NC: 2023:KHC:46408
                                                        MFA No. 2711 of 2016




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 19TH DAY OF DECEMBER, 2023
                                           BEFORE

                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                    MISCELLANEOUS FIRST APPEAL NO. 2711 OF 2016 (MV-I)

                   BETWEEN:

                   SRI MUNIRAJU
                   S/OP SRI. KRISHNAPPA
                   AGED ABOUT 23 YEARS,
                   RESIDING AT GANALU VILALGE,
                   & POST, KASABA HOBLI,
                   KANAKAPURA TALUK,
                   RAMANAGARA DISTRICT,
                   PRESENTLY RESDIING AT NO.3,
                   3RD CROSS, R.T. NAGAR,
                   BANGALORE-560 032.
                                                               ...APPELLANT
                   (BY SRI. M. PRAKASH . ADVOCATE FOR
                   SRI. NAIK N R.,ADVOCATE)
                   AND:

                   1.    SRI NARAYANA
Digitally signed
by VINUTHA B S           NO.60, BABASAHEBARA PALYA,
Location: HIGH
COURT OF                 KENGERI, BANGALORE-560 060.
KARNATAKA
                   2.    ICICI LOMBARD GEENRAL
                         INSURANCE CO. LTD.,
                         REGIONAL OFFICE,
                         NO.89, 2ND FLOOR,
                         S.V.R. COMPLEX,
                         HOSUR MAIN ROAD,
                         MADIWALA, BANGALORE-560 068.
                                                         ...RESPONDENTS
                   (NOTICE TO V/O/DATED: 07.02.2017 R1 IS D/W
                   SRI.C.R.RAVISHANKAR, ADVOCATEF FOR
                   SRI. B PRADEEP., ADVOCATE FOR R2)
                                -2-
                                             NC: 2023:KHC:46408
                                           MFA No. 2711 of 2016




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 09.07.2015 PASSED IN
MVC NO.3865/14 ON THE FILE OF THE JUDGE, COURT OF
SMALL CAUSES & 26TH ACMM, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Challenge in this appeal is the order that is

rendered by the Motor Accident Claims Tribunal,

Bengaluru, in MVC No. 3865/2014 dated 09.07.2015.

This is a claimant's appeal.

2. The appeal is filed seeking for enhancement of

compensation.

3. Heard Sri M.Prakash, who represents Sri Naik

N.R., learned counsel for appellant as well as Sri

C.R.Ravishankar, who represents Sri B.Pradeep, learned

counsel for respondent No.2. Notice to respondent No.1

was dispensed with.

NC: 2023:KHC:46408

4. A Joint Memo is filed seeking the Court to

dispose of the appeal by enhancing the compensation

and granting a sum of Rs.7,00,000/- (Rupees Seven

Lakhs only) in total as compensation inclusive of the

amount that is awarded by the Tribunal. In the light of

the said Joint Memo, the appeal is disposed of enhancing

the compensation from the sum of Rs.4,12,000/- to

Rs.7,00,000/-.

5. The enhanced amount shall carry same

interest as awarded by the Tribunal from the date of

petition till the date of deposit. Time of four weeks is

granted to the 2nd respondent to deposit the entire

amount of Rs.7,00,000/- (Rupees Seven Lakhs only).

The entire amount be disbursed to the appellant by the

Tribunal concerned.

Sd/-

JUDGE

PSJ