IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.126/2019(MV) BETWEEN:
GANESH ACHARYA AGED ABOUT 38 YEARS S/O SRI MOHAN ACHARYA R/AT DOOR No.4-25 GAYATHRI NIVAS HALASINAKATTE PILAR SANTHOOR VILLAGE KARKALA TALUK. ..APPELLANT (BY SRI PAVANA CHANDRA SHETTY H, ADVOCATE) AND:
1 . ROJO AGED ABOUT 40 YEARS S/O JOSEPH R/AT SANTHRUPATHI HOUSE BAJAGOLI POST, MUDAR VILLAGE KARKALA TALUK.
2 . THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., KARKALA BRANCH, P.B.No.29 2ND FLOOR, SUSHILA SANJIV ENCLAVE, NEAR KARNATAKA BANK MARKET ROAD KARKALA. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.02.2018, PASSED IN MVC No.876/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 210 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 02.02.2018 passed in MVC No.876/2016 by the Senior Civil Judge and AMACT, Karkala, wherein claim petition came to be allowed in part and compensation of Rs.5,48,000/- with interest at the rate of 8% p.a. from the date of petition till the date of realization came to be granted to the petitioner.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Road traffic accident said to have occurred on 26.06.2016 at 5.30 P.M. when Master Shravanth was traveling as pillion rider along with his mother Smt.N.Sowmya Acharya in the Hero Honda Pleasure two wheeler bearing registration No.KA-20-Y-7277 driven by his father-Ganesh Acharya from Nelligudde towards Halekatte of Nitte Village and when their two wheeler reached near Mangila Bailu of Kalya Village, one Mahindra Bolero Pickup Jeep bearing registration No.KA-19-C-6328 came from Halekatte towards Nelligudde side in a rash and negligent manner in a high speed and dashed against petitioner’s vehicle. As a result, petitioner’s son died at the spot. Petitioner has spent Rs.60,000/- towards obsequies ceremonies of the deceased and Rs.15,000/- towards conveyance charges.
4. Sri Pavan Chandra Shetty, learned counsel for appellant would submit that recently Delhi High Court has adjudicated a claim for compensation over the death of a minor and granted Rs.15,00,000/- to the claimant. However said Judgment is not placed before the court and added to it, it was stated said case was in respect of negligence of the builder of canopy of Delhi Corporation. I also focus my attention to the dictum laid down by Hon’ble Apex Court in Kishen Gopal’s case reported in 2013 AIR SCW 5037 wherein consideration in the case of death of minor are laid down. However, Rs.60,000/- claimed is not for medical expenses but for obsequies and Rs.15,000/- for conveyance charges. It is necessary to mention that the rate of interest granted by the Tribunal is 8% p.a. and total compensation is made like any regular negligence case of a earning member of a family considering net income at Rs.2,600/- per month and applying multiplier `15’ and following is the break up of compensation granted by the learned Member:
5. Though the mode of calculation is wrong quantum is more than sufficient, just and fair. I do not find the proceedings are necessary to interfere with the impugned Judgment and award passed by the learned Member.
Appeal is rejected.
Sd/- JUDGE SBN