Shri. Krishnappa D. M vs Meru Cab Company Pvt. Ltd
2024 Latest Caselaw 4705 Kant

Karnataka High Court

Shri. Krishnappa D. M vs Meru Cab Company Pvt. Ltd on 15 February, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                         -1-
                                                                    NC: 2024:KHC:6613
                                                               MFA No. 3358 of 2018




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                 DATED THIS THE 15TH DAY OF FEBRUARY, 2024
                                                   BEFORE
                           THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                          MISCELLANEOUS FIRST APPEAL NO.3358 OF 2018(MV-I)
                          BETWEEN:

                                SHRI. KRISHNAPPA D.M.,
                                S/O. MOGANNE GORDA,
                                AGED ABOUT 64 YEARS,
                                MARKETING ASSISTANT,
                                BENGALURU DAIRY,
                                BANNERUGATTA ROAD,
                                HULIMAVU, BENGALURU.
                                                                         ...APPELLANT
                          (BY SRI. RAJU S., ADVOCATE)
                          AND:
                          1.    MERU CAB COMPANY PVT. LTD.,
                                9/4, ZANASHA ALPHA BUILDING,
                                IIND FLOOR, ABOVE STAPLES,
                                MARTHAHALLI, OUTER RING ROAD,
                                VARTHUR HOBLI, MARATHALLI COLONY,
Digitally signed by JAI
                                BENGALURU - 560 078.
JYOTHI J
Location: HIGH
COURT OF                  2.    NATIONAL INSURANCE CO.LTD.,
KARNATAKA
                                MISSION ROAD, NO.144,
                                SUBHARAM COMPLEX,
                                M.G. ROAD, BENGALURU.
                                REPRESENTATION BY ITS
                                ADMINISTRATIVE OFFICER - 572 131.

                          3.    SMT. C. SINDU,
                                D/O. LOKANATH,
                                MAJOR, NO. 37/75,
                                2ND MAIN ROAD,
                                GANGADHAR LAYOUT,
                                VIJAYANAGAR, BENGALURU - 40.
                               -2-
                                             NC: 2024:KHC:6613
                                         MFA No. 3358 of 2018




4.   SRI. D.N. RAVICHANDRA,
     S/O. NINGEGOWDA,
     AGED ABOUT 34 YEARS,
     R/AT NO.51, KEB ROAD,
     CHOKKASANDRA,
     T. DASARAHALLI,
     TUMKURU ROAD, BENGALURU - 560 078
                                               ...RESPONDENTS
(BY SRI. ASHOK N PATIL, ADVOCATE FOR R2)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16/10/2017, PASSED IN MVC
NO.683/2014, ON THE FILE OF THE X ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-16),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.


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

The appeal is filed by the claimant seeking enhancement of compensation awarded by the Court of Small Causes and Motor Accident Claims Tribunal at Bengaluru vide judgment and award dated 16.10.2017 in MVC No.683/2014 whereby the Tribunal has awarded global compensation of Rs.40,000/- to the claimant.

2. Heard the arguments from both sides and perused materials on record.

NC: 2024:KHC:6613

3. Having considered the nature of injuries sustained by the claimant, treatment undergone in the hospital as inpatient and sufferings suffered by the claimant due to accidental injuries and loss of income incurred by the claimant during treatment period, it is just and proper to make enhancement of compensation by another sum of Rs.35,000/- globally along with interest @ 6% p.a. in addition to what has been awarded by the Tribunal.

4. Accordingly, the appeal by the claimant is allowed in part.

Sd/-

JUDGE

SRA

CT:SNN