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.2/2019(MV) BETWEEN:
1. NAGAMMA W/O LATE M. SHIVAMALLAIAH, AGED ABOUT 58 YEARS.
2 . H.S. SHIVANANDA SWAMY S/O LATE M. SHIVAMALLAIAH AGED ABOUT 35 YEARS.
BOTH ARE R/AT B. HONNENAHALLI VILLAGE DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 408.
3 . H.S. MANGALAMMA W/O PUTTABASAPPA AGED ABOUT 41 YEARS R/AT MARASINGANAHALLI VILLAGE SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 438. ..APPELLANTS (BY SRI SREENIVASAN M Y, ADVOCATE) AND:
1 . MAHESHA M K S/O KANTHARAJU M.K. MAJOR, R/AT No.57, 2ND STAGE, 7TH CROSS, GANDHINAGARA, MANDYA TOWN, TQ & DISTRICT-571 402.
2. PRAVEENA M K S/O KANTHARAJU M K MAJOR, R/AT ERODE BEEDI PANDAVAPURA TALUK MANDYA DISTRICT – 571 439.
..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.07.2018, PASSED IN MVC No.1478/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT, SRIRANGAPATANA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders, in the nature and circumstances of the case, it is taken up for final disposal.
Appeal is directed against the Judgment and award dated 11.07.2018 passed in MVC No.1478/2015 by the Principal Senior Civil Judge and MACT, Srirangapatana, wherein claim petition came to be allowed in part and compensation of Rs.2,52,000/- with interest at the rate of 9% p.a. from the date of petition till the deposit came to be granted to the petitioners.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Accident is dated 21.06.2015 at 4.45 P.M. M.Shivamallaiah was riding the TVS XL Motorcycle bearing registration No.KA-05-EQ-5458 along with Nanjappa and Kariyappa as pillion riders and when he reached near Shivalli Village, the rider of the Hero Honda Motor bike bearing registration No.KA-11-W- 7476 has ridden the same in a rash and negligent manner and dashed to the Shivamallaiah’s TVS XL because of which he suffered serious injuries and also pillion riders fell down on the road along with vehicle. On the way to the hospital injured Shivamallaiah succumbed to them.
4. In the proceedings before the learned Member, claim for compensation was made by Nagamma, Shivananda Swamy and Mangalamma. Petitioner No.1 is stated to be wife of deceased Shivamallaiah and petitioner Nos.2 and 3 are the son and daughter of deceased Shivamallaiah.
5. Learned counsel for appellants Sri Sreenivasan would submit that the compensation has been assessed on the lower side and requires to be enhanced more particularly they have to recover the compensation from the owner as there was no insurance to the vehicle.
6. Insofar as age of the deceased is concerned it is stated to be 70 years. Monthly income is considered at Rs.3,500/- after deducting 50%. Insofar as break up of compensation is concerned it is Rs.3,500x12x5, loss of dependency is assessed at Rs.2,10,000/- and conventional heads at Rs.70,000/-. I find the compensation awarded is just and fair. There is no necessity of proceeding further. Appeal is rejected.
Sd/- JUDGE SBN