Sri Ananda vs Sri Gareeb Ali B
2022 Latest Caselaw 10068 Kant

                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30TH DAY OF JUNE, 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

              M.F.A.NO.8811/2017 (MV)

BETWEEN:

1.     SRI. ANANDA,
       S/O LATE DODDANANJAIAH,
       AGED ABOUT 36 YEARS,

2.     SMT. S.R. SAVITHA,
       W/O. ANANDA,
       AGED ABOUT 33 YEARS,

       BOTH ARE R/O. DASARAHALLI
       VILLAGE, KALLAMBELLA HOBLI,
       SIRA TALUK,
       TUMKUR DISTRICT.
                                        ... APPELLANTS
(BY SRI. RAMESH K.R. ADVOCATE)

AND:

1.     SRI. GAREEB ALI B.,
       S/O BASHA SHAB K.,
       AGED ABOUT 39 YEARS,
       OPP. SANJEEVINI HOSPITAL,
       BASAVESHWARA NAGAR,
       HIRIYUR TOWN,
       HIRIYUR TALUK,
       CHITRADURGA DISTRICT-577501.

2.     RELIANCE GENERAL INSURANCE
       COMPANY LIMITED,
       BRANCH OFFICE,
                            2


     EAST WING, 5TH FLOOR,
     NO.28 CENTENARY BUILDING,
     M.G.ROAD,
     BENGALURU-560001.
     REPRESENTED BY ITS BRANCH
     MANAGER.
                                  ... RESPONDENTS
(BY SRI. H.N.KESHAVAPRASHANTH, ADVOCATE FOR R2,
R1-SERVED)


     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT    AGAINST     THE    JUDGMENT   AND     AWARD
DATED:09.05.2017 PASSED IN MVC NO.387/2016 ON THE
FILE OF THE SENIOR CIVIL JUDGE, & ADDITIONAL MACT,
SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.,

     THIS M.F.A. COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                   JUDGMENT

The present appeal is filed by the

appellants/claimants challenging the judgment and

award dated 09.05.2017 in MVC.No.387/2016 passed

by the Senior Civil Judge and Addl. MACT, Sira.

2. Brief facts of the case are as under:

On 20.03.2016 at about 11.45 am when the son

of petitioner Nos.1 and 2 by name S.A.Praveen came

from Bangalore and got down at Somasagara Gate

with an intent to go to his house and he was standing

on the extreme end of the left side of Sira-Tumkur NH

48 road, at Somasandra gate, in front of Lokamba

High School, Kallambella, Sira Taluk and at that time,

the driver of a Innova Car bearing

Reg.No.KA.16.M.5655 came from Sira and dashed to

the above said S.A.Praveen and caused the accident

and as a result of it, the above said S.A.Praveen

sustained grievous injuries and immediately he was

shifted to Govt. District Hospital, Tumkur, wherein he

took first aid treatment, after that as per the advise of

the doctor he shifted to NIMHANS hospital, Bangalore

and admitted as inpatient and while taking treatment

on 21.05.2016 at about 11.30 am he was succumbed

to injuries in the hospital.

3. The claim petition was filed U/S 166 of MV

Act by the appellant/claimant seeking compensation.

The Tribunal has partly allowed the claim petition and

awarded compensation of Rs.5,50,000/- with interest

at 9% p.a., from the date of petition till the date of

deposit. Being aggrieved by inadequacy of

compensation, the present appeal is filed before this

Court.

4. Learned counsel for the

appellants/claimants submitted that the amount of

compensation awarded by the Tribunal is on the lesser

side. Therefore, prays for enhancement of

compensation.

5. On the other hand, learned counsel for

respondent No.2-Insurance Company submitted that

the amount of compensation awarded by the Tribunal

is as per the decision of the Hon'ble Apex Court in the

case of Kishan Gopal and Another Vs. Lala and Others

reported in 2013(4) TAC 5(SC), which is found to

correct and proper. Therefore, there is no ground to

make enhancement of compensation. Hence, prays for

dismissal of the appeal.

6. In the present case, the deceased was

aged 12 years as on the date of the accident. In case

of death of minor, the exact notional income cannot

be ascertained. Therefore, the Hon'ble Apex Court in

Kishan Gopal's case (stated supra) had held that the

notional income at Rs.30,000/- per annum be taken

and the multiplier applicable is "15". The Tribunal by

following the said decision has awarded compensation

of Rs.4,50,000/- towards loss of pecuniary damages

and Rs.1,00,000/- towards loss of love and affection

and non-pecuniary damages. Hence, the amount of

compensation awarded by the Tribunal is justified as

per the principles of law laid down by the Hon'ble

Apex Court in Kishan Gopal's case (stated supra).

Therefore, I do not find any good ground to make

enhancement in case of death of a minor boy aged 12

years. Therefore, the amount of compensation

awarded by the Tribunal is found to be correct and

justified one. Hence, the appeal is liable to be

dismissed.

Accordingly, appeal is dismissed.

Sd/-

JUDGE

PB