IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.5339/2016 (MV) Between:
1. Sri. B.V. Nagendra S/o. Late Vishwagnachari, Aged about 45 years.
2. Smt. Manjula W/o. B.V. Nagendra, Aged about 39 years.
3. Master. Vishwagnachari, S/o. B.V. Nagendra, Aged 5 years, Minor represented by His Natural Guardian, Appellant No.1, Sri. B.V. Nagendra.
All are residing at No.46/2, Magadi Main Road, Agrahara Dasarahalli, Bangalore-560079. …Appellants (By Sri Rudrappa, Advocate) And:
The Managing Director, BMTC, K.H. Road, Shanthinagar, Bangalore-560027. …Respondent (By Sri F.S. Dabali, Adv.) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated:10.03.2016 passed in MVC No.3376/2015 on the file of the XVI Additional Judge, Member, MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Orders this day, the court delivered the following:
JUDGMENT Appeal is by the claimant/appellants as against the judgment and award dated 10.03.2016 passed in MVC No.3376/2015 on the file of the XVI Additional Judge, Member, MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation.
2. The claimant/appellants are parents and brother of the minor deceased-B.N.Monika @ Monica, who succumbed to accidental injuries occurred on 06.04.2015. The claimants filed petition before the Tribunal seeking for compensation. The Tribunal has awarded sum of Rs.4,50,000/- with interest at 9% p.a. Aggrieved by the said judgment and award the appellants have preferred this Appeal.
3. Learned counsel for the appellants submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
4. The learned counsel for the respondent- Insurer supports the Judgment and award passed by the Tribunal and sought to dismiss the appeal.
5. I have heard learned counsel for both sides and I have gone through the materials available on record.
6. During the course of the arguments, learned counsel for the both the parties have submitted that they have settled the matter with enhanced compensation of Rs.50,000/- with interest in addition to the compensation awarded by the Tribunal. The said submission of the both the counsel is taken on record.
Keeping in view the year of accident, place and death of a minor, I am inclined to award a global compensation of Rs.50,000/- with interest.
7. Hence, the appellant is entitled for global compensation of Rs.50,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation amount shall carry interest at 9% p.a. from the date of petition till the date of realization.
In terms of the submission made by both the parties, the Appeal is disposed of accordingly.
DL CT-ADP Sd/- JUDGE