Karnataka High Court
Smt. Sharadamma vs Kumbara Veeresh on 7 February, 2022
Bench: P.S.Dinesh Kumar, M.I.Arun
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
M.F.A.No.6503 OF 2017(MV-D)
BETWEEN:
1. SMT.SHARADAMMA
W/O LATE V. RAMASWAMY
AGED 34 YEARS
2. KUM.V.R.REKHA
D/O LATE V.RAMASWAMY
AGED ABOUT 16 YEARS
3. KUM.V.R.KAVITHA
D/O LATE V.RAMASWAMY
AGED ABOUT 12 YEARS
4. V.R.VIJAY KUMAR
S/O LATE V.RAMASWAMY
AGED ABOUT 10 YEARS
5. SMT.SAVITRAMMA
W/O LATE RAMAPPA
AGED 69 YEARS
SINCE APPELLANTS NO.2 TO 4 ARE
MINORS REPRESENTED THROUGH
THEIR NATURAL GUARDIAN MOTHER
APPELLANT NO.1
ALL R/O NANDIBEVOUR VILLAGE
HARPANAHALLI TQ.,
DAVANGERE ..APPELLANTS
(BY SMT.SARITHA KULKARNI, ADVOCATE)
2
AND:
1. KUMBARA VEERESH @
VEERANNA CHAKRASALI
S/O RUDRAPPA
MAJOR,
R/O NANDIBEVOUR VILLAGE
HARPANAHALLI TQ.
DAVANGERE
2. ZAKIR HUSSAIN
S/O SARKAHAVAS
MAJOR
R/O NO.370/90, 1ST WARD
ACHARYA LAYOUT
HARPANAHALLI TQ.
3. THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
THILUVALLI COMPLEX,
P.B.ROAD,
DAVANGERE. ..RESPONDENTS
(BY SHRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R-3,
NOTICE TO R-1 AND R-2 DISPENSED WITH
VIDE ORDER DATED 20.06.2019)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.07.2015 PASSED IN
MVC NO.1035/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MACT-IX, HARAPANAHALLI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
3
JUDGMENT
Though the appeal is listed for admission, with the
consent of learned advocates appearing for
the parties, it is taken up for final disposal.
2. This appeal by the claimants seeking enhancement
of compensation is filed challenging the judgment and
award dated July 20, 2015 in MVC.No.1035/2013
passed by the Senior Civil Judge and Motor Accident
Claims Tribunal-IX, Harapanahalli.
3. Heard Smt.Saritha Kulkarni, learned Advocate for the
claimants and Shri A.N.Krishnaswamy, learned Advocate
for insurer.
4. Smt.Saritha Kulkarni for the claimants urged a
solitary ground that there are five claimants and each of
them are entitled to Rs.40,000/- each towards consortium
and Rs.30,000/- towards conventional heads and same is
not granted by the MACT.
5. Shri Krishnaswamy for the insurer, in his usual
fairness, does not dispute the submission of the learned
Advocate for the claimants and submitted that Insurer has
already satisfied the award amount.
6. We are also satisfied that claimants are entitled
for Rs.2,00,000/- (Rs.40,000*5) towards consortium and
Rs.30,000/- towards conventional heads. Tribunal has
already granted Rs.1,55,000/- under conventional heads
and the said amount will have to be deducted from
Rs.2,30,000/-. Thus, claimants are entitled for enhanced
compensation of Rs.75,000/- (Rs.2,30,000-Rs.1,55,000)
with interest at the rate of 6% p.a.
7. Hence, the following:
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for an enhanced
compensation of Rs.75,000/- payable with
interest at 6% p.a., from the date of filing claim
petition till the date of deposit; and
(ii) Insurer shall pay the enhanced
compensation amount of Rs.75,000/- with
interest at 6% p.a., from the date of filing claim
petition till the date of deposit, within a period of
six weeks from the date of receipt of a copy of
this order. Disbursement shall be made as
directed by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
SBN
