IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.7050 OF 2016 (MV) BETWEEN:
THE CLAIM MANAGER TATA AIG GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, JP & DEVI JAMBUKESHWAR ARCADE, NO.69, MILLERS ROAD, BANGALORE - 560 052, BY ITS ZONAL CLAIMS MANAGER.
... APPELLANT (BY SRI. O MAHESH, ADV.) AND:
1. SMT.PARVATHAMMA AGED 39 YEARS, W/O. LATE CHOWDAREDDY, R/AT NO.64, NAGARESHWARA, NAGENAHALLI, KOTHANUR, BANGALORE EAST, BANGALORE - 97.
2. SMT.RATHNAMMA AGED 39 YEARS, 2ND W/O. LATE CHOWDAREDDY, 3. SMT. PADMAMMA AGED 36 YEARS, 3RD W/O. LATE CHOWDAREDDY, 4. KUMARI HEMAVATHI, MINOR AGED ABOUT 16 YEARS, D/O. LATE CHOWDAREDDY, 5. MASTER BHARATH KUMAR, AGED ABOUT 10 YEARS, S/O. LATE CHOWDAREDDY, 6. SMT. SHYLAJA AGED 34 YEARS, 4TH W/O. LATE CHOWDAREDDY, 7. MASTER THULASIKUMAR MINOR, AGED ABOUT 14 YEARS, S/O. LATE CHOWDAREDDY 8. SMT. ERAMMA AGED 61 YEARS, W/O. LATE MUNINARAYANAPPA, RESPONDENT NO.4 AND 5 ARE MINORS REPTD. BY THEIR MOTHER NATURAL GUARDIAN RESPONDENT NO.3 SMT.PADMAMMA AND RESPONDENT NO.7 IS MINOR REPRESENTED BY HIS MOTHER NATURAL GUARDIAN RESPONDENT NO.6 SMT.SHYLAJA THE RESPONDENTS 2 TO 8 ARE R/AT NO.80, K.GUTTAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 562 101.
9. SRI.VENKATAREDDY MAJOR, S/O. MUNISHAMI, R/O. J. THIMMASADRA VILLAGE, AND POST, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 001. ... RESPONDENTS (BY SRI.N GOPALAKRISHNA, ADV. FOR R1-R3; R-4 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.07.2016 PASSED IN MVC NO.1480/2015 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE, & XIX ACMM, MEMBER, MACT, BENGALURU, AWARDING COMPENSATION OF RS.20,51,685/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT IN TRIBUNAL.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In the claim petition filed by the claimants seeking compensation for the death of the bread-winner of the family, the road traffic accident, the Motor Accident Claims Tribunal, Bengaluru, by its award dated 20th July 2016 passed in MVC No.1480 of 2015 awarded compensation of Rs.20,51,685/-. Appeal is by the Insurance questioning the liability.
2. Heard the learned counsel for the parties. After arguing the matter for some length, both the learned counsel submit that appeal may be disposed of by reducing the compensation by Rs.5,00,000/. The submission of the learned counsel for the parties is placed on record. Compensation awarded by the Tribunal is reduced by Rs.5,00,000/-. Accordingly, the compensation would be Rs.15,51,685/- in place of Rs.20,51,685/- awarded by the Tribunal. The remaining amount carries interest at the rate as is awarded by the Tribunal. Deposit/apportionment as per the award of the Tribunal. Appeal, accordingly is allowed in part.
Sd/- JUDGE lnn