Karnataka High Court
The Branch Manager vs Amaranath And Ors on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5504
MFA No. 201569 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 201569 OF 2019 (MV-D)
BETWEEN:
THE BRANCH MANAGER
NATIONAL INS. CO. LTD.,
UP STAIR ALLAHABAD BANK,
NEAR GOVIND RAO PETROL BUNK, RAICHUR,
(NOW REPRESENTED BY AUTHORIZED SIGNATORY,
D.O. STATION ROAD, KALABURAGI)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. AMARANATH S/O AMBANNA
Digitally signed AGE: 41 YEARS, OCC:COOLIE,
by RENUKA
Location: HIGH 2. GOURAMMA W/O AMARESH
COURT OF
KARNATAKA AGE: 35 YEARS, OCC: COOLIE,
BOTH R/O. GURUGUNTA VILLAGE,
TQ. LINGASUGUR, DIST. RAICHUR,
NOW RESIDING AT L.B.S NAGAR,
RAICHUR-584101.
3. CHAND PASHA S/O PEER SAB
AGE: 39 YEARS, OCC: DRIVER-CUM-OWNER OF
MARUTI OMINI CAR BEARING
NO.KA-36/N-5484,
R/O. GURUGUNTA VILLAGE,
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NC: 2024:KHC-K:5504
MFA No. 201569 of 2019
TQ.LINGASUGUR,
DIST. RAICHUR-584101.
...RESPONDENTS
(R3 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 05.04.2019 IN MVC NO.531/2016 PASSED BY THE I
ADDL. DISTRICT AND SESSIONS JUDGE AT RAICHUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The insurer is in appeal challenging the award of compensation of Rs.5,25,000/- by the Tribunal for the death of a 4 years old girl.
2. The occurrence of the accident and the liability of the insurer to satisfy the compensation are not in dispute.
3. The only argument advanced by the insurer is that the Hon'ble Supreme Court had stipulated a sum of Rs.5,00,000/- an compensation to be paid in Kishan -3- NC: 2024:KHC-K:5504 MFA No. 201569 of 2019 Gopal and another vs. Lala and others reported in (2014) 1 SCC 244, whereas, the Tribunal has awarded a sum of Rs.5,25,000/- as compensation and hence, it requires to be reduced.
4. It is also contended that since the decision in Kishan Gopal's case (supra) related to death of a 11 year old, the sum of Rs.5,25,000/- awarded in this case would also be on the higher side.
5. The Tribunal has taken the notional income of the minor child at Rs.30,000/- per annum and applied multiplier of "15" (applicable in the case of victims to the age group 15 years) and determined the compensation towards loss of dependency at Rs.4,50,000/- (Rs.30,000/- x "15") and after adding a sum of Rs.25,000/- towards loss of love affection, a sum of Rs.15,000/- towards loss of estate, a sum of Rs.25,000/- towards medical expenses and a sum of Rs.10,000/- towards funeral expenses has arrived at the total compensation of Rs.5,25,000/-. -4-
NC: 2024:KHC-K:5504 MFA No. 201569 of 2019
6. In my view, in the given facts and circumstances of this case, there is no justification for interfering with the impugned award, which has been passed in the year 2019.
7. The appeal is therefore dismissed.
8. The amount in deposit, if any, shall be transferred to the Tribunal for disbursal in terms of the award.
9. Since the appeal is dismissed on merits, it would not be necessary to consider the application for condonation of delay in filing the appeal. Accordingly, the same stand disposed of.
Sd/-
(N.S.SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 26