IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO.11853 OF 2011(MV) BETWEEN:
1. SRI.KUMARA AGED 39 YEARS S/O KEMPAGANNASHETTY 2. SMT.MADEVAMMA W/O KUMARA AGED 33 YEARS, BOTH ARE R/AT MULLUR VILLAGE, KOLLEGAL TALUK ... APPELLANTS (BY SRI.R.PRAMOD, ADV.) AND:
1. M.R.DOARAISWAMY S/O RAJAPPAGOUNDER R/AT DOLLIPURA ATTAGULLIPURA CHAMARAJANAGAR – 571 313 2. KOKILAMMA W/O R.DORAISWAMY MAJOR, R/AT DOLLIPURA ATTAGULIPURA P.O.
CHAMARAJANAGAR – 571 313 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, DR.RAJAKUMAR ROAD, KOLLEGAL – 571 440 4. CHINNASWAMY.R AGED 31 YEARS S/O RACHAIAH R/O MULLUR VILLAGE, KOLLEGAL TALUK – 571 440 5. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, DR.RAJAKUMAR ROAD, KOLLEGAL – 571 440 ... RESPONDENTS (BY SRI.JANARDHAN REDDY, ADV. FOR R3 & R5: NOTICE TO R1, R2 & R4 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2011 PASSED IN MVC NO.91/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, M.A.C.T., KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The parents of the deceased – Hemantha have filed this appeal challenging the judgment and award dated 10.2.2011 passed by the Fast Track Court and MACT at Kollegal sitting at Chamarajanagar in MVC No.91/2010 whereby the Tribunal has granted compensation of Rs.2,30,000/- with interest at 6% p.a.
2. The brief facts of the case are that on 15.2.2010 at about 5.00 p.m. the deceased was travelling in a auto bearing Regn No. KA-10-3358 from their school ie., MLG school at Utthmballi and the said auto was driven by its driver slowly and cautiously on the left side of Mysore – Kollegal road from Kollegal side towards Mullur side when the said auto was going at Shankarpura cross,by that time one SKMS bus bearing regn No.KA 10-7009 driven by its driver in a very rash and negligent manner at high speed dashed against the auto in which the deceased and other children were travelling and caused the death of Hemanth.
3. Immediately the parents have filed claim petition before the Tribunal in MVC No.91/2010. To establish their case, claimant No.1 examined himself as PW-2 and marked 27 documents. On the other hand, the Insurance Company has not examined any witnesses but got marked two documents as Ex.R1 and Ex.R2. On perusal of the oral and documentary evidence on record, the Tribunal has awarded a compensation of Rs.2,30,000/- with interest at 6% p.a. Being aggrieved by the same, the appellants sought for enhancement of compensation.
4. Learned counsel for the appellants submits that at the time of the accident, the deceased was aged about 10 years. The Hon’ble Supreme Court in the case of Keshan Gopal and another Vs Lala and others, reported in 2014(1) SCC 244 has granted global compensation of Rs.5 lakhs in the case of personal death. Hence he sought for enhancement of compensation.
5. Per contra, the learned counsel for the Insurance Company submits that the Tribunal has rightly granted the compensation following the judgment of the Supreme Court and granted compensation. Hence, he sought for dismissal of the appeal.
6. Heard the learned counsel for the parties. It is not in dispute that Hemath died due to accident occurred on 15.2.2010, due to rash and negligent driving of the bus bearing registration No.KA 10-7009. The Apex Court in the case of Keshan Gopal (supra) para 39 has stated as under:-
“39. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000 and further taking the young age of the parents, namely, the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in Sarla Verma v.DTC, the multiplier of 15 can be applied to the multiplicand. Thus, 30,000x15=4,50,000 and 50,000 under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas, which is referred to in Lata Wadhwa case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000 under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.”
7. In view of the above, the claimants are entitled for enhancement of compensation. Hence following the judgment stated supra, the compensation is enhanced from Rs.2,30,000/- to Rs.5,00,000/- with interest at 6% p.a. Accordingly, the appeal is allowed in part. Hence the following order:-
The compensation granted by the Tribunal at Rs.2,30,000/- is enhanced to Rs.5,00,000/- with interest at 6% p.a. The claimants are entitled to a total compensation of Rs.5,00,000/- with interest at 6% from the date of petition till the date of payment. The insurance company is directed to deposit the awarded compensation amount within 6 weeks from the date of receipt of a copy of this order.
Sd/- JUDGE nm