IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.1349/2015 (MV) c/w MISCELLANEOUS FIRST APPEAL No.1350/2015 (MV) IN MFA NO.1349/2015 (MV) BETWEEN 1. MUKUNDAMMA W/O B.T. SRINIVAS AGED ABOUT 38 YEARS, HOUSEHOLD WORK, 2. APOORVA B.S.
D/O B.T. SRINIVASA, AGED ABOUT 18 YEARS, STUDENT BOTH ARE R/O BELAGERE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. ... APPELLANTS (BY SRI. SPOORTHY HEGDE NAGARAJA, ADV.) AND 1. M/S UNITED INDIA INS. CO. LTD., REP. BY ITS DIVISIONAL MANAGER, DAVANGERE DIVISIONAL OFFICE, MMK COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-577002.
2. G. ASHWATHNARAYANA BABU S/O LATE G.LINGAPPA, MAJOR, OWNER OF BUS KA-51/7973, R/O OPP. TO PETROL BUNK, CHANDRAPURA ROAD, ANEKAL, BANGALORE TQ. AND DIST.-562106.
... RESPONDENTS (BY SRI. RAVISH BENNI, ADV. FOR R-1, R-2 NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.7.2014 PASSED IN MVC NO.74/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.1350/2015 (MV) BETWEEN 1. PANDURANGAPPA S/O SANNA ERAPPA AGED ABOUT 43 YEARS, AGRICULTURIST, 2. RANGAMMA W/O PANDURANGAPPA, AGED ABOUT 33 YEARS, 3. RANGE GOWDA S/O PANDURANGAPPA AGED ABOUT 19 YEARS, ALL ARE RESIDENTS OF HEGGERE VILLAGE, CHALLAKERE TQ., CHITRADURGA DISTRICT-577542. ... APPELLANTS (BY SRI. SPOORTHY HEGDE NAGARAJA, ADV.) AND 1. M/S UNITED INDIA INS. CO. LTD., REP. BY ITS DIVISIONAL MANAGER, DAVANAGERE DIVISIONAL OFFICE, MMK COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-577002.
2. G. ASHWATHANARAYANA BABU S/O LATE G. LINGAPPA, MAJOR, OWNER OF BUS KA-51/7973 R/O OPP. TO PETROL BUNK CHANDRAPURA ROAD, ANEKAL BANGALORE TALUK AND DISTRICT-562106. ... RESPONDENTS (BY SRI. RAVISH BENNI, ADV. FOR R-1, R-2 NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.7.2014 PASSED IN MVC NO.75/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFA’s COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T IN M.F.A. 1349/2015:
The appellants have filed this appeal seeking enhancement of compensation against the Judgment and Award dated 22.07.2014 passed by the Senior Civil Judge and Addl. MACT, Challakere in MVC No.74/2012. The accident is of the year 2011.
2. It is the case of the appellants that they are the mother and sister of the deceased who succumbed to fatal injuries in a motor vehicle accident occurred on 16.12.2011. The appellants had filed claim petition before the Tribunal. The Tribunal has awarded a compensation of Rs.5,49,000/- with interest at the rate of 6% p.a. Aggrieved by the same, the appellants have filed this appeal.
3. Learned counsels for both the parties have submitted that the appeal may be disposed in terms of their submission.
4. The submission of both the learned counsels is taken on record.
5. I have heard learned counsel for both sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.1,80,000/- in addition to the award made by the Tribunal.
6. The appellants are entitled for a global compensation of Rs.1,80,000/- along with interest at the rate of 6% p.a. in addition to the compensation awarded by the Tribunal.
IN M.F.A. 1350/2015:
The appellants have filed this appeal seeking enhancement of compensation against the Judgment and Award dated 22.07.2014 passed by the Senior Civil Judge and Addl. MACT, Challakere in MVC No.75/2012. The accident is of the year 2011.
2. It is the case of the appellants that they are the parents and brother of the deceased who succumbed to fatal injuries in a motor vehicle accident occurred on 16.12.2011. The appellants had filed claim petition before the Tribunal. The Tribunal has awarded a compensation of Rs.6,15,786/- with interest at the rate of 6% p.a. Aggrieved by the same, the appellants have filed this appeal.
3. Learned counsels for both the parties have submitted that the appeal may be disposed in terms of their submission.
4. The submission of both the learned counsels is taken on record.
5. I have heard learned counsel for both sides and perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little meager. Hence, I am inclined to award a global compensation of Rs.2,00,000/- in addition to the award made by the Tribunal.
6. The appellants are entitled for a global compensation of Rs.2,00,000/- along with interest at the rate of 6% p.a. in addition to the compensation awarded by the Tribunal.
Accordingly, both the appeals are disposed of in terms of submissions made by both the counsels.
CT-HR Chs* Sd/- JUDGE