IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APEAL NO.2547 OF 2016 (MV - D) BETWEEN 1. G.N.MANJU, S/O LATE NATHAPPA @ NATHEGOWDA, AGED ABOUT 30 YEARS, R/O K.GOWDAGERE VILLAGE, KERAGODU HOBLI, MANDYA TALUK – 571 401.
2. SHOBHA, D/O NATHAPPA @ NATHEGOWDA, W/O SIDDAPPA, AGED ABOUT 36 YEARS, RESIDING AT S.I.KODIHALLI VILLAGE, MANDYA TALUK – 571 401.
(BY SRI. RAJA L., ADV.,) AND:
1. K.VIJAYAKUMAR, S/O K.KRISHNA, AGED ABOUT YEARS, RESIDING AT KEELARA VILLAGE, KERAGODU HOBLI, MANDYA TALUK – 571 401.
... APPELLANTS 2. THE BRANCH MANAGER, IFFCO – TOKIO GENERAL INSURANCE COMPANY LTD., NO.35, ABOVE REEBOOK SHOW ROOM, KUVEMPUNAGAR, NEAR AKSHAYA BHANDAR, MYSORE – 570 001.
(BY SRI.E.I.SANMATHI, ADV., FOR R2; R1 SERVED) ... RESPONDENTS *** THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.12.2015 PASSED IN MVC NO.426/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The children of the deceased Nathappa @ Nathegowda made a claim petition for the road traffic accident which took place on 28.12.2013 for the death of their father, wherein, the Principal Senior Civil Judge and M.A.C.T., Mandya by its judgment and award dated 28.12.2015 passed in MVC No.426/2014 awarded a compensation of Rs.85,000/-. Aggrieved by the same they are before this Court in this appeal.
3. It is of the appellants that deceased was aged about 56 years at the time of accident. The appellants have spent amount towards funeral and obsequies ceremony and conveyance. The deceased was hale and healthy and was an agriculturist and also doing milk business and earning more than Rs.10,000/- per month and looking after welfare of the appellants by contributing the same. He was the only an earning member in the family. Due to his untimely death the appellant No.1 - son and the appellant No.2 - daughter have lost love and affection, guidance, inspiration and security in life and it has also affected social, moral and economic condition of the family. Therefore, they were constrained to file a claim petition against the respondents claiming compensation of Rs.15,00,000/-.
4. Learned counsel for the appellants submits that the compensation awarded by the tribunal on all heads are on lower side and sought to enhance the same.
5. The learned counsel for the respondent-insurance company sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
6. Having heard the learned counsel for the parties and perusing material placed on record. I am the view that compensation determined by the tribunal needs enhancement inclined to award a global . The amount quantified under the head pain and agony, loss of estate and towards performance of funeral and obsequies ceremony are meager sums. The appellants are entitled to additional compensation on the head pain and agony and loss of love and affection in a sum of Rs.1,00,000/-, Rs,1,50,000/- towards loss of estate to both the appellants. This additional compensation also carries interest. Considering all these aspects, I am the view, justice would be met if a global compensation of Rs.3,00,000/- is awarded over and above what has been awarded by the claims tribunal. Ordered accordingly.
Appeal is partly allowed. The enhanced amount shall not carry any interest.
Amount in deposit, if any, is directed to be transmitted to the Tribunal.
Sd/-
ACTING CHIEF JUSTICE HR