IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.718/2019(MV) BETWEEN:
NAGARAJ MUNISAMI S/O MUNISAMI AGED ABOUT 45 YEARS RESIDING AT:
NO.2/67, KAMANTHOTTI ADDAKURUKKI, KRISHNAGIRI KAMANDODDI, TAMIL NADU. ..APPELLANT (BY SRI JAGADISH G KUMBAR, ADVOCATE FOR SRI SREENIVASAIAH A., ADVOCATE) AND:
THE MANAGING DIRECTOR B.M.T.C.
SHANTHINAGARA BENGALURU-27 ..RESPONDENT THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 07.11.2018 PASSED IN MVC No.7314/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal is directed against the Judgment and award dated 07.11.2018 passed in MVC No.7314/2017 wherein the appellant seeks enhancement of compensation. It pertains to a road traffic accident said to have taken place as under:
On 26.11.2017 at about 1.30 P.M. one Kannamma Munisami, W/o late Munisami was a pedestrian, when she reached near Attibele Fly Over Bridge, Attibele Circle, Anekal Taluk, Bengaluru, at that time, one BMTC bus bearing registration No.KA- 50-F-0040 driven by its driver in a rash and negligent manner dashed to Kannamma Munisami. Due to which Kannamma Munisami sustained grievous injuries and died on the spot.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The claimant is stated to be son of deceased Kannamma Munisami, aged about 70 years as on the date of death. Learned Member of the Tribunal has granted compensation of Rs.30,000/- considering loss of estate at Rs.15,000/- and transportation of dead body and funeral expenses at Rs.15,000/-. The claimant is Nagaraj Munisami aged 45 years son of deceased Kannamma Munisami.
4. Learned counsel for appellant submits that the compensation is under assessed on the ground of loss of estate. Hence, prays for enhancement of compensation.
5. In the circumstances considering age of deceased and economic structural status of the claimant, I find what is granted is fair and just and there is no necessity of proceeding with the matter further. It is liable to be rejected at the preliminary stage itself.
Appeal is rejected. No costs.
Sd/- JUDGE SBN