Partly allowed

Sri.Parasuram v. Sri.Shirajsab

Karnataka HC3 Mar 2020MFA/100433/2017

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of an appeal against a motor accident compensation award of Rs. 4,90,000/- for a minor's death. While the compensation was deemed appropriate, the Court partly allowed the appeal to enhance the interest rate to 9% per annum from the date of the award.

What did the court decide?

Interest on the awarded compensation to be granted at the rate of 9% per annum from the date of award till realization.

Sri.Parasuram Vs Sri.Shirajsab — Motor Accident Claims | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF MARCH, 2020

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PRESENT

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THE HON’BLE MR.JUSTICE B.A.PATIL

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AND

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THE HON’BLE MR. JUSTICE M.I. ARUN

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M.F.A. NO.100433 OF 2017 (MV-D)

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BETWEEN:

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SRI PARASURAM S/O. ARJUN DANADAMANI, AGE : 27 YEARS, OCC : COOLIE,

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SMT.BANGAREWWA

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W/O. PARASURAM DANADAMANI, AGE : 25 YEARS, OCC : HOUSEHOLD WORK, R/O. BADACHI, TAL : ATHANI-591230, DIST : BELAGAVI.

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... APPELLANTS

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(BY SRI HARISH S.MAIGUR, ADVOCATE)

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AND:

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SRI SHIRAJSAB S/O. ASKAR JAMADAR, AGE : MAJOR, OCC : BUSINESS, R/O. HARUGERI, TAL : RAIBAG-591220, DIST : BELAGAVI.

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THE DIVISIONAL MANAGER,

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: 2 :

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UNITED INDIA INSURANCE CO. LTD., SITA SMRITI, MARUTI GALLI, BELAGAVI-590001.

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... RESPONDENTS

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(BY SRI S.S.KOLIWAD, ADVOCATE FOR R-2) (NOTICE TO RESPONDENT NO.1-SERVED)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.11.2016 PASSED IN MVC.NO.944 OF 2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, ATHANI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, B.A.PATIL, J., DELIVERED THE FOLLOWING :

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JUDGMENT

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This appeal has been filed by the appellantsclaimants challenging the Judgment and Award passed by the Principal Senior Civil Judge and Additional M.A.C.T, Athani (for short ‘the Tribunal’) in M.V.C. No.944 of 2015 dated 30.11.2016.

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: 3 :

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We have heard the learned counsel for the

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appellants and the learned counsel for the respondent No.2-Insurer. Though the notice is served to respondent No.1, he has remained absent.

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Though this case is listed for admission, with consent of learned counsels appearing for the parties the same is taken up for final disposal.

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The facts leading to the case are that on 18.01.2014 at about 8.30 a.m. minor deceased-Akshata

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and one Sushant were going to school, when they reached near the spot of accident a TATA goods tempo vehicle bearing Registration No.KA-23/B-6113 came rashly and negligently with a high speed and dashed against Kumari-Akshata, as a result of the same she sustained grievous injuries and died on the spot. For having lost their child the parents have preferred the petition, the Tribunal after considering the pleadings and evidence has awarded a sum of Rs.4,90,000/-.

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: 4 :

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Being aggrieved by the same the appellants are before this Court.

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The accident in question is not in dispute, so

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also the involvement of the vehicle insured with the 2^nd respondent. The only question that has been raised by the learned counsel for the appellants is that the compensation awarded on various grounds is on the lower side including the compensation awarded under the conventional head. It is the contention of learned counsel for the respondent No.2-Insurer that the division bench of this Court in the case of National

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Insurance Co. Ltd., v. Satyawwa W/o. Shivaputra Sannakki and others in MFA.No.103303 of 2016 (MV) and connected matters has awarded Rs.3,85,000/income of minor. The compensation which has been already awarded is on the higher side and there are no good grounds to enhance the compensation. But it is the contention of the learned counsel for the appellants that this Court while awarding the compensation in

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: 5 :

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case of a death of a minor has awarded a compensation of Rs.5,00,000/- by applying the case of Krishna Gopal

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and Another vs. Lala and Others reported in 2014(1) SCC 244 and while awarding the interest granted at the rate of 9% per annum. On these grounds, he requests to allow the appeal.

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We have given our thoughtful consideration to the Judgment of the Tribunal. The Tribunal after taking into consideration various aspects has came to a right conclusion and rightly awarded a compensation of Rs.4,90,000/-. Even, it is admitted fact that the said award has not been challenged by the respondentInsurer and the amount of compensation has been already deposited. Under the said facts and circumstances, we are of the considered opinion that, if the interest is awarded at the rate of 9% per annum from the date of award till the realization, then under such decision, it will meet the ends of justice. Accordingly, appeal is partly allowed and the Judgment

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: 6 :

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passed by the learned Principal Senior Civil Judge and Addl. M.A.C.T., Athani in M.V.C.No.944 of 2015 dated 30.11.2016 is modified as indicated above. Accordingly, appeal is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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ckk/-

Sri.Parasuram v. Sri.Shirajsab

Case brief

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Sri.Parasuram v. Sri.Shirajsab

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