IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.4860 OF 2012 [MV] BETWEEN 1. SUSHEELA SHEDTHI, W/O. LATE BHASKAR SHETTY, AGED ABOUT 35 YEARS, 2. MINOR DEEKSHITH, S/O. LATE BHASKAR SHETTY, AGED ABOUT 16 YEARS, 3. MINOR DEEPAK, S/O. LATE BHASKAR SHETTY, AGED ABOUT 13 YEARS, 4. MINOR PRATHYAKASHA, S/O. LATE BHASKAR SHETTY, AGED ABOUT 10 YEARS, 5. PADDAMMA @ PADMAVATHI SHEDTHI, MOTHER OF LATE BHASKAR SHETTY, AGED ABOUT 64 YEARS, PETITIONER NOS.2 TO 4 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1.
ALL ARE R/AT HANEYADIMANE MOLAHALLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. ... APPELLANTS [BY SRI. K.PRASANNA SHETTY, ADVOCATE] AND 1. MANAGING DIRECTOR, CENTRAL OFFICE, KSRTC, BANGALORE, REP. BY ITS DIVISIONAL CONTROLLER, KSRTC, MANGALORE, DEPOT MANGALORE 2. THE KARNATAKA GENERAL INSURANCE, DEPARTMENT OF KGID BUILDING, AMBEDKAR VEEDHI, BANGALORE.
3. MANAGING DIRECTOR, HANUMAN TRANSPORT CO. LTD, CHITAPADI, UDUPI DISTRICT.
4. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, COURT ROAD, UDUPI, UDUPI DISTRICT. ... RESPONDENTS [BY SMT. SHWETHA ANAND, ADVOCATE FOR R1.
SRI. H.C.VRUSHABHENDRAIAH, ADVOCATE FOR R4. NOTICE TO R2 & R3 ARE DISPENSED WITH V.C.O. DATED 20.02.2015] * * * THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2012 PASSED IN MVC NO.1247/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MACT, KUNDAPURA, IN 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:
JUDGMENT This appeal is preferred by the claimants, seeking enhancement of compensation awarded by the Court of Fast Track and MACT at Kundapura in MVC No.1247/2007, wherein a total compensation of Rs.4,65,000/- with interest at 6% p.a. has been awarded for the death of one Bhaskar Shetty in a road traffic accident which occurred on 06.09.2007.
2. The claimants are the widow, 3 minor children and mother of the deceased. The Tribunal has apportioned the compensation equally and directed the insurer of both the vehicles which involved in the accident to pay the compensation amount to the claimants.
3. The learned counsel appearing for the appellants/claimants and the learned counsel appearing for respondent Nos.1 and 4/Insurer of the offending vehicles have filed a Joint Memo stating that the parties have mutually agreed and settled the matter and a global compensation of Rs.3,50,000/- over and above the compensation awarded by the Tribunal has been agreed to be accepted by the claimants which shall be paid by respondent Nos.1 and 4 equally i.e., a sum of Rs.1,75,000/- each.
4. The Joint Memo is placed on record.
ORDER The appellants/claimants shall be entitled for an enhanced compensation of Rs.3,50,000/- including interest over and above the compensation awarded by the Tribunal. Respondent Nos.1 and 4 shall pay the said amount in equal proportion.
The appeal is disposed off in the above terms.
Sd/- JUDGE.
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