IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.5539/2015 (MV) Between:
1. B. Abidabi, W/o Muneer, Aged about 53 years, 2. Muneer, S/o Abdul Aziz, Aged about 60 years, Both are R/o Arakere village, Srirangapatna Taluk, Mandya District- 571 420.
(By Sri Chandrashekara H.B., Advocate) …Appellants And:
1. M. Basavaraju S/o Mallikarjunaiah, Aged about 48 years, R/o 1st Cross, Shivananjappa Layout, Mandya- 571 401.
2. The Branch Manager, National Insurance Company Ltd., 1st Floor, V. V.Road, Mandya -571 401.
…Respondents (By Sri A.M.Venkatesh , Advocate for R2;
Notice to R1 dispensed with vide order dt:12.12.2017) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 10.09.2014 passed in MVC No.1685/2012 on the file of Additional Senior Civil Judge & MACT, Srirangapatna, partly allowing the claim petition for compensation and seeking of enhancement.
This appeal coming on for Orders this day, the court delivered the following:
JUDGMENT In view of submission made by the learned counsel for the appellant, notice to respondent No.1 is dispensed with at the risk of appellant, as he was placed Exparte before the claims Tribunal.
2. Appeal is by the claimant/appellants as against the judgment and award dated 10.09.2014 passed in MVC No.1685/2012 on the file of Additional Senior Civil Judge & MACT, Srirangapatna, partly allowing the claim petition for compensation.
3. The claimant/appellants are parents of the deceased-Mujahid who succumbed to accidental injuries occurred on 21.10.2012. The claimants have filed petition before the Tribunal seeking for compensation. The Tribunal has awarded sum of Rs.8,08,000/- with interest at 6% p.a. Aggrieved by the said judgment and award the appellants have preferred this Appeal.
4. Learned counsel for the appellants submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
5. The learned counsel for the respondent- Insurer supports the Judgment and award passed by the Tribunal and sought to dismiss the appeal.
6. I have heard learned counsel for both sides and I have gone through the materials available on record.
7. The ground taken for enhancement of compensation is the notional income assessed by the Tribunal which is stated to be on the lower side. It is submitted that the deceased was working as two- wheeler mechanic and was earning Rs.10,000/- p.m. It has been disbelieved by the Tribunal as the claimants have not produced any documents. Under these circumstances, by considering the oral and documentary evidence placed by the claimants, the Tribunal has awarded total compensation of Rs.8,08,000/- without interest, which seems to be little meager.
8. During the course of the arguments, learned counsel for the both the parties have submitted that the parties have settled the matter with enhanced compensation of Rs.75,000/- with interest in addition to the compensation awarded by the Tribunal. The said submission of the both the counsel is taken on record. Keeping in view the year of accident, place, occupation and number of dependents of the deceased, I am inclined to award a global compensation of Rs.75,000/- without interest.
9. Accordingly, the appeal is allowed in part.
The appellants are entitled for global compensation of Rs.75,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- JUDGE DL