Karnataka High Court
Vishnu S/O Dharmu Rathod And Anr vs Anuni Infrastructures Karad & Anr on 13 September, 2019
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
MFA No 32995/2013 (MV)
Between
1) Vishnu S/o Dharmu Rathod,
Age: 33 years, Occ: Coolie.
2) Shashikala W/o Vishnu Rathod,
Age: 28 years, Occ: Household Work.
Both R/o Somadevarhatti, Lt.No.1,
Tq. & Dist. Bijapur.
...Appellant
(By Sri Sanganagouda V. Biradar, Advocate)
And
1) Anuni Infrastructures Karad,
C/o. Mr. Sachin Tukaram Patil,
No.78/4+5+6/1,
Opp: Karad Uran Co.Op. Bank Ltd.,
Rukmini Nagar, Br.Karad,
Walkhan Bhag, Karad, Dist. Satara-417 417.
2) The Branch Manager,
New India Insurance Co. Ltd.,
Bijapur-586101.
... Respondents
(Smt. Shashikala Jahagirdar Advocate for R2
Notice to R1 dispensed with V/o dated 12.08.2015.)
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This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act praying to allow this appeal,
modify the Judgment and Award dated: 07.12.2012 passed
by the MACT No. XII at Bijapur in MVC No.1410/2011.
This appeal coming on for Hearing this day, the Court
delivered the following:
JUDGMENT
The appeal is directed against the judgment and award dated 07.12.2012 passed in MVC No.1410/2010 by the MACT-XII, Bijapur wherein the claim petition filed by the appellants came to be allowed in part and an amount of Rs.1,80,000/- together with interest @ 6% p.a. was granted.
2. In order to avoid confusion and overlapping, the parties hereinafter referred with their ranks before the Tribunal.
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3. It is stated that on 31.01.2010 at about 5.30 a.m., near Shiravade village when the infant Manisha was sleeping on the side of the road, the driver of Dumper bearing No.MH-11/AL-2900 took the vehicle in reverse direction which ran over the body of Manisha due to which she sustained grievous injuries and died during the course of treatment. The claimants are the parents of the deceased child who died because of the accident.
4. The learned counsel for the appellants- petitioners relying upon the decision of the Hon'ble Supreme Court in the case of Kishan Gopal & Another Vs. Lala & Others seeks for enhancement of compensation.
5. The learned counsel for the respondent- Insurance Company opposes the appeal and contends that the compensation already granted by the Tribunal is just and fair.
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6. The accident is not disputed and the death of the infant is also not disputed. The petition was presented by the parents. The brief point that come up for consideration would be; whether the compensation awarded by the learned Member is just and proper?
7. It is necessary to refer the decisions of Hon'ble Supreme Court in the case of Master Mallikarjun Vs. Divisional Manager, the National Insurance Company Limited & Another and Kishan Gopal & Another Vs. Lala & Ors reported in 2013 AIAR (Civil) 887. The learned Member though was right in allowing the petition, erred in assessing the quantum of compensation which should have been Rs.5,00,000/-.
8. In the result, the appeal is partly allowed. The judgment and award dated 07.12.2012 passed by the MACT No.XII, Bijapur in MVC No.1410/2011 is 5 modified. The appellants-petitioners are entitled for a total compensation of Rs.5,00,000/- together with interest @ 6% p.a. from the date of petition till its realization. However, the appellants are not entitled for interest on the enhanced amount for the period of delay of 272 days in filing the appeal.
The order regarding apportionment, deposit and release ordered by the learned Member is maintained.
Sd/-
JUDGE NSP