IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.6737/2014 [MV] BETWEEN:
1. SMT. VANITHA SHETTY, W/O LATE GOPALA SHETTY, AGED ABOUT 28 YEARS, R/O HEBBAGILUMANE, BALKUR VILLAGE & POST, KUNDAPURA TALUK – 576 219.
2. PAVANI, D/O LATE GOPALA SHETTY, AGED ABOUT TWO YEARS, MINOR, REPRESENTED BY HER GUARDIAN MOTHER SMT. VANITHA SHETTY, W/O LATE GOPALA SHETTY, AGED ABOUT 28 YEARS, R/O HEBBAGILUMANE, BALKUR VILLAGE & POST, KUNDAPURA TALUK – 576 219.
... APPELLANTS (BY SRI. VISHWAJITH SHETTY S., ADVOCATE) AND:
1. MR.SRIDHAR, S/O RAJANNA, AGED ABOUT 29 YEARS, R/AT HANUMAIAH HOUSE, BEHIND GOVERNMENT HIGH SCHOOL, YANTAGANAHALLI POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT – 560 109.
2. SRI. UMESH GOWDA, S/O LATE M.R.RANGAPPA, AGED ABOUT 42 YEARS, R/O SWAMY & SWAMY TOURS & TRAVELS, VIDYA NAGAR, SIRA TALUK, TUMKUR DISTRICT – 577 202.
3. THE BRANCH MANAGER, THE IFFCO TOKIO GENERAL INS. CO. LTD., IFFCO SADAN, C1 DISTRICT, CENTER SAKET, NEW DELHI – 110 017.
... RESPONDENTS (BY SRI. H.N.KESHAVA PRASHANTH, ADVOCATE FOR R3; NOTICE TO R1 AND R2 D/W V/C/O DTD.22.01.2015) ---
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2014 PASSED IN MVC NO.609/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellants are the mother and sister of the deceased baby Hamshini who have filed this appeal seeking enhancement of compensation against the Judgment and Award dated 21.08.2014 passed by the Senior Civil Judge and Member, Addl. M.A.C.T. at Kundapura in MVC No.620/2013.
2. The claim of the appellants is that on 14.03.2013 at about 7.50 p.m., when the deceased Gopala Shetty along with deceased Baby Hamshini and appellant and her daughter Pavani were proceeding in a motor cycle bearing Reg.No.KA.02.HN097d83 and when they reached near Manjushree Condiments and Bakery, Mahalakshmipura, Bengaluru, one bus bearing Reg.No.KA.06.B.2098 driven by its driver in a rash and negligent manner and dashed against the motor cycle and caused the accident. In the accident the husband of appellant, baby Hamshini succumbed to the injuries. The appellant filed claim petition in MVC No.620/2013 before the Tribunal and Tribunal has awarded compensation of Rs.1,03,970/-. Being not satisfied with the said judgment and award the appellants are before this Court in this appeal.
3. The learned counsel for the appellants submitted that the compensation awarded by the tribunal is on the lower side and sought to enhance the same.
4. The learned counsel for the respondent- insurance sought to dismiss the appeal as the compensation awarded by the Tribunal is just and proper.
5. I have perused the Judgment and Award passed by the Tribunal. It is seen that the compensation awarded by the Tribunal on all the heads seems to be little on lower side. Hence, I am inclined to award a global compensation of Rs.100,000/-.
6. Accordingly, the appeal is allowed in part.
The appellants are entitled for a global compensation of Rs.100,000/- without interest in addition to the compensation awarded by the Tribunal.
Sd/- ACTING CHIEF JUSTICE HR