IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.2394/2013 (MV) BETWEEN THE ORIENTAL INSURANCE CO., LTD., REGIONAL OFFICE, 44/45,.
LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 025 REPRESENTED BY AUTHORISED SIGNATORY.
(BY SRI S SRISHAILA, ADVOCATE) ... APPELLANT AND 1. CHIKKAREVANNA S/O LATE DODDAPPANNEGOWDA AGED 60 YEARS R/AT THIPPESHETTY HALLI THYAMAGONDLU POST, NELAMANGALA TALUK BANGALORE RURAL DISTRICT 2. HANUMAKKA W/O CHIKKAREVANNA AGED 55 YEARS R/AT THIPPESHETTY HALLI THYAMAGONDLU POST, NELAMANGALA TALUK BANGALORE RURAL DISTRICT 3. K C DAMODARAN S/O K P CHAKRAVARTHI MAJOR R/AT NO 23/4, MAIN ROAD NEW TARAGUPET BANGALORE 560 002 ... RESPONDENTS (BY SRI K.V. NAIK, ADVOCATE FOR R1 & R2; R3-NOTICE DISPENSED WITH VIDE ORDER DTD.24.07.2015) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 13.12.2012 PASSED IN MVC NO.5354/2010 ON THE FILE OF THE XXI ADDITIONAL CMM & XXIII ASCJ, BANGALORE, AWARDING COMPENSATION OF RS.5,80,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is filed by the Insurance Company challenging the judgment and award dated 13.12.2012 passed in MVC No.5354/2010 on the file of the MACT, Court of Small Causes at Bengaluru, thereby awarding a total compensation of Rs.5,80,000/- along with interest at the rate of 6% per annum, to the claimants.
2. The Tribunal awarded the aforesaid compensation to the claimants, who are the legal heirs of one Ramesh who died in a road traffic accident which occurred on 30.06.2010 involving a Lorry bearing No.KA-01/C-3766, insured with the appellant.
3. The only contention raised in this appeal is that the Tribunal while adopting the multiplier took the age of the deceased instead of taking the age of the mother of the deceased. It is the contention of the learned counsel for the appellant that the Tribunal ought to have taken the age of the younger parents of the deceased and therefore, the appropriate multiplier is ‘13’. The said contention of the appellant cannot be accepted in view of the law laid down by the Hon’ble Apex Court in the case of Munna Lal Jain & Anr. vs. Vipin Kumar Sharma & Ors., reported in (2015)6 SCC 347.
4. It is also submitted by the learned counsel for the respondent that in the appeal filed by the claimants in MFA No.5611/2013, the parties have already arrived at a settlement before the Lok Adalat.
5. In view of the above, there is no merit in the appeal. Accordingly, the appeal is dismissed.
The amount in deposit shall be transmitted to the Tribunal.
Sbs* Sd/- JUDGE