IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.3323/2015 (MV) Between:
1. Sri. D.D.Rajanna @ Puttegowda S/o Dhyavegowda, Aged about 57 years 2. Smt. Devamma W/o Rangegowda, Aged about 52 years, 3. Sri D.Bettegowda S/o Dhyavegowda, Aged about 40 years, 4. Smt. Billiamma @ Hombalamma W/o Rangegowda, Aged about 40 years, All are R/at K.Hosakoppalu Village, Kasaba Hobli, Hassan Taluk, Hassan District-573 201.
(By Sri H. J. Ananda, Advocate) And:
1. Jameel Ahamad Shariff S/o Late Abdul Hayiharif, Major, …Appellants R/at No.859, Shankaramata Road, K.R.Puram, Hassan-573 201.
2. The Manager, The Reliance Insurance Company Limited, No.3, 1st Floor, Northwing Mananji Plaza, Sent Mark Road, Bengaluru-560 001.
…Respondents (By Sri H. S. Lingaraju, Advocate for R2; Notice to R1 is dispensed with) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 22.08.2014 passed in MVC No.717/2013 on the file of Principal Senior Civil Judge & Additional MACT, Hassan, partly allowing the claim petition for compensation and seeking of enhancement.
This appeal coming on for Admission this day, the court delivered the following:
JUDGMENT Appeal is by the claimant/appellants as against the judgment and award dated 22.08.2014 passed in MVC No.717/2013 on the file of Principal Senior Civil Judge & Additional MACT, Hassan, partly allowing the claim petition for compensation and seeking for enhancement.
2. The claimant/appellants are legal representatives of deceased-Boramma who succumbed to accidental injuries occurred on 17.01.2013. The claimants have filed petition before the Tribunal seeking for compensation. The Tribunal has awarded sum of Rs.1,50,000/- with interest at 6% 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. The ground taken for enhancement of the compensation is the notional income assessed by the Tribunal which is stated to be on the lower side. The claimants have claimed income of the deceased at Rs.8,000/- p.m, as she was doing agricultural work but, they have failed to produce any documents to that effect. Under these circumstance, by considering the oral and documentary evidence placed by the claimants, the Tribunal has awarded total compensation of Rs.1,50,000/- together with interest at 6% p.a, which is stated to be little meager.
7. During the course of arguments, learned counsel for both the parties have submitted that the parties have agreed to settle the matter with enhanced compensation of Rs.50,000/- with interest in addition to the compensation awarded by the Tribunal. The said submission of both the counsel is taken on record. Keeping in view the year of accident, place, occupation and number of dependents of the deceased, I am inclined to award a global compensation of Rs.50,000/- without interest.
8. Hence, the appellants are entitled for global compensation of Rs.50,000/- without interest in addition to the compensation awarded by the Tribunal.
In terms of the submission made by both the parties, the Appeal is disposed of accordingly.
Sd/- JUDGE DL