Karnataka High Court
Laxmana S/O Bhimanna And Anr vs National Insurance Co.Ltd. Through ... on 8 July, 2013
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 8TH DAY OF JULY 2013
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
MISCELLANEOUS FIRST APPEAL NO.30742/2013 (MV)
Between:
1 Laxmana,
S/o Bhimanna,
Aged about 41 years,
Occ: Worker in Petro Chemicals.
2 Devamma,
W/o Laxman,
Aged about 36 years,
Occ; Household.
Both are r/o Heggasanahalli,
Tq. & Dist. Raichur. .... Appellants.
(By Sri Prakash Yeli, Adv.)
And:
National Insurance Co. Ltd.,
Through Branch Office,
Near Gandhi Circle,
Raichur - 584 101. .... Respondent.
(By Sri Manvendra Reddy, Adv.)
2
This Miscellaneous First Appeal is filed under Section 173(1)
of Motor Vehicles Act against the judgment and award dated
443/2011 dated 23.8.2012 on the file of the Addl. District Judge and
MACT, Raichur, etc.
This Miscellaneous First Appeal coming on for Orders this
day, the Court delivered the following:
JUDGMENT
This appeal is directed against the judgment and award in MVC No.443/2011 dated 23.8.2012 on the file of the Additional District Judge and MACT, Raichur, whereby the Tribunal has awarded total compensation of Rs.1,75,000/- with interest at 6% per annum from the date of the petition till the date of payment.
2. A child by name Bhagya, aged about 9 years died in a motor vehicle accident occurred on 17.5.2011. The appellants being her parents filed the claim petition seeking compensation of Rs.3,75,000/-. As stated, the Tribunal has awarded compensation of Rs.1,75,000/- with interest.
3. There is no dispute as to the occurrence of the accident and the liability of the Insurance Company to pay the compensation. 3 Learned Counsel for the appellants would contend that in identical matters, this Court has awarded compensation of Rs.4,00,000/-. In this connection, he has placed reliance on the decision of this Court in THE NEW INDIA ASSURANCE COMPANY LTD. VS. SRI SUBHASH KALLAPPA PATIL AND ANOTHER - 2012 Kant M.A.C. 346. He submits that similar compensation has to be awarded in the present case.
4. On the other hand, learned Counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.
5. In the case referred to above, this Court was considering a similar question. In the said case, a minor child aged about 10 years died. The Court after considering the various decisions of the Apex court, and in particular, the decision in R.K.MALIK VS. KIRAN PAL - 2009 (8) Scale 451 has awarded compensation of Rs.4,00,000/- with interest at 6% per annum. I am of the view that similar compensation has to be paid in this case. 4
6. The Tribunal has awarded Rs.1,75,000/- towards compensation. After deducting the said amount, the compensation payable to the claimants is Rs,2,25,000/-, which should also carry interest at 6% per annum from the date of application till the date of award.
7. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent-Insurance Company is directed to deposit a sum of Rs.2,25,000/- with interest at 6% per annum from the date of the application till the date of the award within a period of eight weeks from the date of receipt of a copy of this order. The appellants are permitted to withdraw the said amount in equal proportion on its deposit. No costs.
Sd/-
JUDGE.
BMM/-