IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APEAL NO.6689 OF 2016 (MV) BETWEEN 1. MAREGOWDA, S/O ANJANAPPA, AGED ABOUT 50 YEARS, 2. SHRUTHI, D/O MAREGOWDA, AGED ABOUT 25 YEARS, 3. MAHALAKSHMI, D/O MAREGOWDA, AGED ABOUT 23 YEARS, ALL ARE RESIDING AT SUBRAMANYAPURA POST, UTTARAHALLI HOBLI, BANGALORE – 560 061.
(BY SRI. H. VIJAY SHETTY B., ADV.,) ... APPELLANTS AND:
1. SIDDARAJU, S/O SIDDAIAH, R/AT NAGARAKAL DODDI, KOOTAGAL HOBLI, RAMANAGARA DISTRICT – 562 519.
2. THE BRANCH MANAGER, IFCO TOKIYO GENERAL INSURANCE CO. LTD., MARUTHI COMPLEX, 2ND FLOOR, BANGALORE MYSORE ROAD, RAMANAGARA DISTRICT – 562 519.
... RESPONDENTS (BY SRI.S.G.LOKESH, ADV., FOR R1; SRI. E.I.SANMATHI, ADV., FOR R2) *** THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2016 PASSED IN MVC NO.296/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Husband and daughters of the deceased Smt.Padma filed claim petition for the Road Traffic Accident that took place on 22.09.2013, whereby the Tribunal awarded compensation of Rs.9,60,000/- with 6% interest p.a. from the date of petition till the date of deposit of the award amount, against which this appeal is filed.
2. The learned counsel for the appellants submitted that the compensation awarded by the tribunal on the heads of loss of dependency, loss of estate, Funeral expenses, loss of love and affection and consortium are on the lower side. He further submitted that during the life time deceased Padma was working as Tailor in English Blazer Unit belonging to Gokuladas Image Company and was earning Rs. 10,000/- per month and was contributing the same to her family and her family was entirely depending upon her source of income. In proof of the same Ex.P.6 Salary Certificate, Ex.P.8 the identity Card of the deceased Padma is produced to show that she was working in the said Unit. But Tribunal has disbelieved the same. Hence he sought to enhance the compensation on all the heads.
3. The learned counsel for the respondent- insurance sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper. He also submitted that Ex.P-6 has not been proved and no one has been examined.
4. I have heard learned counsel for the parties and gone through the pleadings.
5. After arguing the matter for some time, both the learned counsel for the parties submit that awarding another sum of Rs.3,00,000/- would meet the ends of justice. Recording the submission made by the learned counsel for the parties, an amount of Rs.3,00,000/- is awarded in addition to what has been awarded by the Tribunal. It is made clear that the enhanced amount does not carry any interest. Further, the award passed by the Tribunal as regards pay and recovery, stands confirmed. Amount, if any, in deposit be transmitted to the Tribunal forthwith.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE HR