Karnataka High Court
Ganeshappa S/O Bangarappa, vs B N Keshavamurthy, on 2 December, 2013
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2ND DAY OF DECEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
MISCELLANEOUS FIRST APPEAL NO.7776/2011 (MV)
Between:
1 Ganeshappa,
S/o Bangarappa,
Aged about 51 years,
R/o Kommanalu Village,
Shimogga Taluk 577 225.
2 Smt.Annapurnamma,
W/o Ganeshappa,
Major, R/o Kommanalu Village,
Shimogga Tq. 577 225. .... Appellants.
(By Sri Jayakumar S. Patil A/S, Advs.)
And:
1 B.N.Keshavamurthy,
S/o Nanjundaiah,
Aged about 55 years,
Owner of Touata Qualis,
R/o LB Road, Begur,
Bangalore South Tq. 560 616.
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2 Benakappa,
S/o Basavarajppa,
Aged about 28 years,
Driver of Toyota Qualis,
R/o Kadathanhalli, Bilki Post,
Shikaripura Tq. 577 246.
3 The New India Assurance Co.,
Near BHEL, Mysore Road,
Bangalore,
Reptd. By its Branch Manager. .... Respondents.
(By Sri R. Jaiprakash, Adv. for R3
R1 and R2 notice dispensed with)
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This Miscellaneous First Appeal is filed under Section 173(1)
of the Motor Vehicles Act, 1988, against the judgment and award
dated 592/2006 dated 12.1.2010 on the file of the Fast Track-III and
Addl. MACT-IV, Shivamogga, etc.
This Miscellaneous First Appeal coming on for Admission
this day, the Court delivered the following:
JUDGMENT
This appeal by the claimants is directed against the judgment and award in MVC No.592/2006 dated 12.1.2010 on the file of the Fast Track-III and Addl. MACT-IV, Shivamogga, whereby the Tribunal has awarded compensation of Rs.1,80,000/- with interest at 6% per annum from the date of the petition till the date of the deposit.
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2. The contention of the learned counsel for the appellants is that the deceased was a minor aged about 9 years. In the case of death of a minor in a motor vehicle accident, the Courts have uniformly awarded the compensation in a sum of Rs.2,25,000/- towards pecuniary damages, Rs.75,000/- towards non-pecuniary damages and Rs.75,000/- towards loss of future prospects. The total compensation awarded in such cases is Rs.3,75,000/-. Therefore, the Tribunal has erred in awarding only a sum of Rs.1,80,000/-.
3. On the other hand, learned counsel for the respondent- Insurance Company has sought to justify the impugned judgment and award. It is his submission that in the case of death of a minor aged 9 years, the question of awarding pecuniary and non-pecuniary damages as contended by the appellants does not arise.
4. I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.
5. It is not in dispute that the son of the appellants aged 9 years died in a motor vehicle accident occurred on 9.2.2006. 4 Respondent-Insurance Company does not dispute its liability to pay the compensation. This Court in THE NEW INDIA ASSURANCE COMPANY LTD., VS. SRI SUBHASH KALLAPPA AND ANOTHER - 2012 KANT M.A.C. 346 (KANT), has considered a similar question in detail and has awarded compensation in a sum of Rs.4,00,000/-. The decisions of the Apex Court in R. K. MALIK VS. KIRAN PAL - 2009 (8) SCALE 451, and in R.D.HATTANGADI VS. PEST CONTROL (INDIA) (P) LTD., - 1995 (1) SCC 551 and several decisions of the Apex Court have been followed while deciding the matter.
6. Delhi High Court in MOHD. AYYUB AND ANOTHER VS. SATISH KUMAR GUPTA AND OTHERS - 2010 (1) T.A.C. 931 (Del.), has considered the award of damages to the parents of a minor child aged about 7 years, who died in a motor vehicle accident. It has taken note of several decisions of the Apex Court including R. K. MALIK and R. D. HATTANGADI's cases (supra). It has been held as under:
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"This case is squarely covered by the aforesaid judgment of this Court which related to the case of 7 years old. Following the aforesaid judgment, Rs.2,25,000/- is awarded towards pecuniary damages following the Second Schedule of the Motor Vehicles Act, Rs.75,000/- is awarded towards non-pecuniary damages and Rs.75,000/- is awarded towards future prospects. The total compensation awarded is Rs.3,75,000/-."
7. Having regard to the decisions referred to above, I am of the view that the claimants are entitled for total compensation of Rs.3,75,000/-.
8. The Tribunal has awarded compensation of Rs.1,80,000/-, which has to be deducted from the said amount. The balance of compensation comes to Rs.1,95,000/-. The claimants are entitled for interest at the rate of 6% per annum on the said amount from the date of the application till the date of deposit.
9. In the result, the appeal is allowed in part. The respondent- Insurance Company is directed to deposit a sum of Rs.1,95,000/- 6 with interest at 6% per annum from the date of the application till the date of deposit. However, the claimants are not entitled for interest for 501 days having regard to the order made on I.A.No.1/2011 dated 21.11.2013. The enhanced amount shall be deposited before the Tribunal within a period of eight weeks from the date of receipt of copy of this order. The appellants are permitted to withdraw the said amount in equal proportion. No costs.
Sd/-
JUDGE.
BMM/-