IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.618/2019(MV) BETWEEN:
THE NATIONAL INSURANCE CO. LTD., 2ND FLOOR, No.39/622-74 & 75 OPP. RTC BUS STAND OUT GATE UPSTAIRS OF AP GRAMEENA BANK ROAD RAILWAY ROAD, KADAPA ANDHRA PRADESH –PIN No.516 001. AND ALSO AT THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE SHUBHARAM COMPLEX #144, M .G ROAD BANGALORE -560 025.
REP. BY ITS MANAGER ...APPELLANT (BY SMT. S SUJATHA PANDIT, ADVOCATE SRI SRIDHARA K, ADVOCATE) AND:
1 . SMT. KAMALA V AGED 29 YEARS W/O NAGABUSHAN 2 . SRI NAGABUSHAN AGED ABOUT 40 YEARS S/O LATE NARAYANAPPA.
BOTH ARE R/AT GOPALLI VILLAGE MURAGAMALLA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT – 563 125.
3 . THE PROPRIETOR M/S. SRINIVASA TRANSPORT No.13, 4TH MAIN ROAD N .T. PET, BANGALORE-560 002.
….RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2018 PASSED IN MVC No.52/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, CHINTAMANI, AWARDING COMPENSATION OF Rs.5,00,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The matter is listed for orders. IA No.1/2019 filed along with the appeal for condoning the delay of 13 days in filing the appeal is allowed and the delay in filing is condoned and the mater is taken up for final disposal.
This appeal by the Insurance Company is directed against the judgment and award dated 01.08.2018 passed in MVC No.52/2015 by the learned Senior Civil Judge & JMFC, Chintamani, wherein, the claim petition came to be allowed in part granting global compensation of Rs.5,00,000/- with interest at 9% p.a. from the date of petition till its deposit and directed the Insurance Company to deposit the same.
2. In order to avoid confusion and overlapping, the parties herein are referred in accordance with their status held by them before the Tribunal.
3. The brief facts of the case of the claimant is as under:
That on 9.12.2014 at about 3.45 p.m. deceased baby by name Brunda and one Gangulamma mother of the 2nd petitioner were standing at Gopalli cross village, at that time, the driver of the vehicle bearing No.KA.01.AC.261 came from Bangalore side towards Madanapalli road with rash and negligent manner and dashed against the deceased Brunda and Gangulamma. Due to which, deceased Brunda and Gangulamma died at the spot.
4. It is the further case of the petitioner that prior to the accident, deceased Brunda was aged 13 months and hale and healthy. He spent Rs.50,000/- for funeral and traveling expenses and claim compensation of Rs.10,00,000/-.
5. Insurance Company appeared and contested the case.
6. The learned member of the Tribunal considering the oral evidence of PW1 and documentary evidence of Exs.P1 to P9 and relying on the judgment rendered by this Court MFA No.2000284/2016, awarded the compensation of Rs.5,00,000/- with interest at 9% p.a. which is challenged by the Insurance Company in this appeal.
7. Learned counsel for the appellant submits that the quantum of compensation awarded by the Tribunal is excessive and liable to be set aside.
8. In the context and circumstances of the case, considering the dictum of the Apex Court in this regard, I find the learned member was justified in awarding global compensation of Rs.5,00,000/- relying on the decision of this Court in MFA No.2000284/2016, as it is a case of death of a minor girl, which has to be assessed regardless of monthly or annual or notional income. It is a loss of child which itself is a symbol of passion that is lost by the parents. No further proceedings are necessary. Hence, the appeal is liable to be dismissed at this stage itself. Accordingly, it is dismissed.
The amount in deposit shall be transmitted to the jurisdictional tribunal forthwith.
tsn* Sd/- JUDGE