IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.5340 OF 2011 (MV) BETWEEN:
SRI.N.J.SHANKARALINGEGOWDA S/O JOGIGOWDA AGE 70 YEARS R/O NAGARAGHATTA, SANTHE BACHEHALLI K.R.PET TALUK, MANDYA DISTRICT ...APPELLANT (BY SRI.VENKATESH R BHAGAT, ADV.) AND:
1. SRI.NANJUNDEGOWDA S/O SHIVEGOWDA AGED ABOUT 43 YEARS 2. SMT.MANJAMMA W/O NANJUNDEGOWDA AGED ABOUT 41 YEARS BOTH ARE R/O GOWDAGERE GARDEN HOUSE, KASABA HOBLI, CHANNARAYAPATNA TALUK ...RESPONDENTS (BY SRI.S V LAKSHMINARAYANA, ADV. FOR R1 & R2 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.1.11 PASSED IN MVC NO.185/04 ON THE FILE OF THE PRESIDING OFFICER, FTC, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In the claim petition filed by the parents seeking compensation for the death of the minor child in the road traffic accident that took place on 21st July, 2000, the Fast Track Court at Channarayapatna, by its judgment dated 10th January 2011 passed in MVC No.185 of 2004 awarded compensation of Rs.1,80,000/- fastening the liability on the owner.
2. This appeal is by the owner challenging the order of the Tribunal.
3. Heard the counsel for the parties and gone through the judgment of the Tribunal. Liability is fastened on the owner. For the death of a minor girl of six years, the Tribunal has awarded compensation of Rs.1,80,000/- on the ground that the offending vehicle was not covered under insurance policy. I do not find any reason for interference in this appeal. The reasons assigned by the Tribunal are sound and proper. Appeal is accordingly rejected. Amount in deposit is directed to be transmitted to the Tribunal forthwith.
Sd/-
ACTING CHIEF JUSTICE lnn