IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.4630/2015 (MV D) BETWEEN :
The National Insurance Company Ltd., Near Doom Light Circle, Kolar-563 101, represented by Authorized Signatory at Regional Office, No.144, Shubharam Complex, M G Road, Bangalore-560 001.
(By Sri Srishaila S, Advocate) AND :
1. Smt. Vasanthamma, W/o T K Chandrappa, Aged about 47 years, 2. Sri.T.K.Chandrappa, S/o late Krishnappa, Aged about 52 years, 3. K.C.Shashikala, D/o T K Chandrappa, Aged about 21 years, All are rat Chintamakalapalle Village, And Post, V.Kota Mantapam, Chittor, District, Andra Pradesh – 522 601.
... Appellant 4. Boggaram Divakar, Muralikrishna, Major, R/at Flat No.204, Eshwari Towers, Prakash Nagar, Narasaraopet, Guntur District, Andrapradesh Pin 522 601.
…Respondents (By Sri Gopalakrishna N, Advocate for R1 to R3) This M.F.A. is filed under Section 173(1) of M.V. Act against the Judgment and Award dated: 12.02.2015 passed in MVC No.444/2013 on the file of the II Additional District Judge, Member, MACT, Kolar, C/C. I Additional District Judge, Member, MACT, Kolar awarding compensation of Rs.8,85,000/- with interest @6% P.A. from the date of petition till realization.
This M.F.A. coming on for Orders, this day, the Court delivered the following:
J U D G M E N T The only ground taken by the learned counsel for the appellant for enhancement of the compensation is that the age of the mother is to be taken as proper multiplier for awarding the compensation. This ground has been clarified as per the decision of the Hon’ble Supreme Court, in the case of NATIONAL INSURANCE COMPANY LTD. Vs.
PRANAY SETHI & ORS reported in 2017 SCC Online SC 1270 wherein the Supreme Court has held that the age of the deceased is to be assessed for awarding the compensation instead of age of the mother.
In the light of the above, the ground urged by the appellant with regard to quantum of compensation is rejected. I find that the order passed by the Tribunal is just and proper in taking the age of the deceased in awarding compensation. No grounds made out in this appeal for interference and hence, it is rejected.
Sd/- JUDGE SB